A Foucauldian Approach to International Law Descriptive Thoughts for Normative Issues pot

[...]... Approach to International Law form of cosmopolitan or consensual understanding of international law that recognizes the co-existence of both aspects in a structured manner, thereby developing a sound normative system of international law An important approach to international law has been an inter-disciplinary consideration, turning specifically to international relations as a source of inspiration and explication... define a society 20 Carty (1991) 16 A Foucauldian Approach to International Law Another approach, albeit somewhat mirroring notions of managerialism within the international relations context, has been to examine transgovernmental networks as part of the international law process.21 The understanding is that the state exists in a disaggregated form due to greater interactions and economic reliance between... particular the variety of problems associated with non-governmental organisations, especially internal and external accountability issues, the chapter will offer the means for engaging an approach to international relations and international law that incorporates various non-state entities as viable actors In particular, Foucault’s understanding of power is quite apt here and assists the international system... theory to relations between states, particularly regarding the manner by which a state might acquire standing and personality within the international system via international 4 A Foucauldian Approach to International Law recognition Referring specifically to the recognition of states allows for an accounting of a doctrine that operates in a political context, despite attempts to accord it some form of normative. .. international legal order Within the context of international relations, international law has been caught between realist assertions of state interests as superseding international law, institutionalists that accord some form of role for international legal making organizations, or cosmopolitan assumptions of moral state behaviour with a view towards the identification of an existing social order Each approach. .. Chapter 4 10 A Foucauldian Approach to International Law This lack of a viable framework comparable to a domestic one is rather frustrating for legally trained individuals The infusion of inherently contrasting state interests among the states leads to ambiguities in the variety of documents and treaties that serve as sources for international law This usually is because such sources of law result from... that has moved the international framework away from a state-centric orientation.9 The realists link to state interests is in essence similar to the international law approach of law as having only a causal role resulting from practice An amelioration of this realist framework can be found in a recent book by Goldsmith and Posner where the authors interpret international law as a reflection of state... provides a strong contextual framework for the actual operation and implementation of human security notions Foucault recognises the 6 A Foucauldian Approach to International Law capacity for a process-oriented context, without being weighed down by a normative framework Chapter 7 engages newer paradigms within international law and the manner by which they can assist the international system Part of... international law and its development); Raustiala, K (2002), ‘The Architecture of International Cooperation: Transgovernmental Networks and the Future of International Law , 43 Va J Intl L 1 (transgovernmental networks as a means of entrenching international cooperation and liberal internationalism); Guzman, A (2002), A ComplianceBased Theory of International Law , 90 Calif L Rev 1823 (compliance as... concluding for example that there exist occasional instances of conciliation does not seem to offer a sufficient solution or a better understanding of international law An Alternative Angle The major issues that seem to derive from the variety of analyses of international law centre on its ambiguity and how to integrate a normative context into a system that seemingly shuns such an approach, as well as how to . class="bi x0 y0 w0 h0" alt="" A FOUCAULDIAN APPROACH TO INTERNATIONAL LAW This page intentionally left blank A Foucauldian Approach to International Law Descriptive Thoughts for Normative Issues LEONARD. external accountability issues, the chapter will offer the means for engaging an approach to international relations and international law that incorporates various non-state entities as viable actors Cataloging-in-Publication Data Hammer, Leonard M. A Foucauldian approach to international law : descriptive thoughts for normative issues / by Leonard M. Hammer. p. cm. Includes bibliographical