International law and globalization

Eric POMES, Ph. D.

Assistant professor,
ICES, Vendée Catholic University

Classically, since the peace of Westphalia, the international order has been stato-
centric and anarchic. Since the end of the Second World War and more precisely
after the end of the cold war, the international order may be more communitarian
and less anarchic.
The question then arises which role is played by international law in these changes.
More precisely, what are the connections between it and politics? Does international
law make it possible to constrain the behavior of States or, on the contrary, is
international law an instrument at the service of each States’ power politics?
Mastering the mechanisms and procedures for creating international standards is
necessary in order to figure this out. Another important aspect is to see what the
different theories of international relations say about the role of international law in
the organization of the international order.
These theories aid in conceiving why sovereign states limit their jurisdictions and
why they respect international standards.
The existence of global governance is one of the contemporary explanations for
these questions. However, its definition, its nature and its exact role in the
organization of globalization in the twenty-first century should be clarified.
This theoretical element shows that States are no longer the only actors in
international relations. In addition to these states, international organizations and
private actors (NGOs, companies, etc.) are involved in the creation of international
standards and, to a certain extent, the structuring of the international order.
As the international order is changing, questioning these developments is important
to understand the future of international relations. This is true especially since this
should not be done without considering the consequences on international law.
To answer these questions this week is divided into three major subjects. Firstly, we
examine the connections between international law and international relations. After
that we discuss about the global governance to figure who govern the world out.
Finally, we tackle the perspectives on the changes in the world order and why and
how the states cooperate.

During the week, students will be assigned a set of discussion questions. Students
are required to read the specified materials prior to answering the questions, as well
as to actively consider answers in the chat to discuss them.

Connections between international law and international relations

Questions

1. What do the realist, liberal and constructivist lenses say about the
international law?
2. What is exactly the international law? Is it really ‘law’?

Required Readings
1. David J. Bederman, The Spirit of International Law, Athens, The University of
Georgia Press, 2002, p. 1-10.
2. Martti Koskenniemi, From Apology to Utopia: The Structure of International
Legal Argument, Cambridge, Cambridge University Press, 2015, p. 16-23, 58-
69.
3. Christian Reus-Smit, “The politics of international law”, p. 14-44 in The Politics
of International Law, Christian Reus-Smit (ed.), Cambridge University Press,
2004.

Further readings

1. Goldsmith, Jack, and Daryl Levinson, “Law for States: International Law,
Constitutional Law, Public Law”, Harvard Law Review (2009), p. 1791-1868.

Why and how the states cooperate?

Questions

1. Why have international organizations played a greater role in international

law since 1945?
2. Is state sovereignty being eroded or transformed?

Required Readings

1. Kenneth W. Abbott, Duncan Snidal, “Why States Act Through Formal

International Organizations”, The Journal of Conflict Resolution, 1998, vol.
42.1, p. 3-32
2. Kenneth W. Abbott, Duncan Snidal, “International Regulation Without
International Government: Improving Io Performance Through
Orchestration”, The Review of International Organizations, 2010, vol. 5.3, p.
315-34

Further readings
 1. Weiss Thomas, “What Happened to the Idea of World Government?”,
International Studies Quarterly, 2009, vol. 53, No 2, p. 253-271
2. Dingwerth Klaus, Pattberg Philipp, “Global Governance as a Perspective on
World Politics”, Global Governance, 2006, vol.12, No 2, p. 185-203
3. Chimni Bhupinder S., “International Institutions Today: An Imperial Global
State in the Making”, European Journal of International Law, 2004 vol.15, no.
1, p. 1–37
4. Weiss Thomas G., Rorden Wilkinson, “Rethinking Global Governance?
Complexity, Authority, Power, Change”, International Studies Quarterly, 2014,
vol. 58, p. 207-215.

Perspectives on the changes in the world order

Questions

1. Does international law reflect primarily European values? Does it matter if it

does? Is a system of international law based on universal norms possible?
2. In what ways do China and Russia challenge the existing international order?

Required Readings

1. Constance Duncombe, Tim Dunne, “After Liberal World Order”, International

Affairs. 2018, vol. 94.1, p. 25-42.

Further readings

1. Boyle Michael J., “The Coming Illiberal Order”, Survival, 2016, vol 58:2, p. 35-
66.