Recent Posts

[Jeffrey L. Dunoff is the Laura H. Carnell Professor of Law at Temple University Beasley School of Law and Mark A. Pollack is professor of Political Science and Jean Monnet Chair ad personam at Temple University] We are very grateful to our friends at OJ for hosting this symposium, which we trust will continue the work begun in our recent edited volume, namely providing a critical assessment of the innovations and contributions, as well as the lacunae, biases and blind spots, of international law and international relations (IL/IR) scholarship.  In this post, we kick off the discussion by providing a brief introduction to international law/international relations literature; discussing the motivation behind, and aims of, Interdisciplinary Perspectives on International Law and International Relations: The State of the Art; and identifying one significant conceptual shortcoming found in much IL/IR scholarship.

The Fall and Rise of IL/IR

The disciplines of international law (IL) and international relations (IR) both seek, albeit in different ways, to understand the causes and consequences of international cooperation, in general, and international legalization, in particular.  Perhaps not surprisingly, then, for several decades prior to World War II, practitioners from both fields pursued common research interests. However, the cataclysm of World War II brought this era of disciplinary convergence to a crashing halt.  Influential political scientists, such as Morgenthau, Kennan and Carr, argued that state actions were driven by national interests, and that, as Kennan wrote, international law was “too abstract, too inflexible, too hard to adjust to the demands of the unpredictable and the unexpected” that mark international affairs. A dominant school of “realism” argued that “law,” as understood in the domestic sense, could not serve as a meaningful constraint on states’ pursuit of the national interest in an anarchic international system, and for many years thereafter IR scholars paid little attention to international law or international legal scholarship.  One consequence was a decades-long mutual estrangement between the two disciplines. This period of mutual neglect began to ebb only with the end of the Cold War, and the increased salience of international norms and institutions. 

This week, we are hosting a symposium on Interdisciplinary Perspectives on International Law and International Relations: The State of the Art, edited by Jeff Dunoff and Mark Pollack. Jeff and Mark will introduce the book later today, but here is the abstract: Interdisciplinary Perspectives on International Law and International Relations: The State of the Art brings together the most influential contemporary writers in the...

UN chemical weapons inspectors have handed their report into an alleged gas attack in Syria to UN Secretary General Ban Ki-moon. Secretary Ban stated in a UN meeting that an expert team's report will likely confirm the use of chemical weapons in the August 21 attack on Damascus. At PhD Studies in Human Rights, a post discusses Secretary Ban's comments and the...

Calls for Papers A call for papers has been issued for the 2014 Barcelona Workshop on Global Governance, happening January 9-10, 2014. The theme is Networks in Global Governance and the call is here. The Society of International Economic Law has posted a call for papers ahead of its Fourth Biennial Global Conference, to be held in Bern, Switzerland and hosted by the World Trade...

That's the tally in light of the deal that has been reached regarding Syria's chemical weapons. The US position was that any agreement had to permit the use of force against Syria in case of noncompliance. But the US-Russian deal simply calls for the Security Council to consider the consequences of noncompliance under Chapter VII; it does not commit the...

This week on Opinio Juris, we continued the discussion on Syria. Geoff Corn started the week by examining President Obama's options if Congress were not to enact an AUMF, a question that also occupied Peter who yearned for the good old days of unilateral presidential authority to initiated use of force. When the surprise Russian proposal to put Syria's chemical weapons under international control put the Congressional vote on hold, Kevin was not convinced that this twist had anything to do with the "credible threat" of a US unilateral strike. Chris asked to what extent the OPCW could be involved in the practical implementation of the proposal. Chris' post also pointed out how Russia has been more adept than the US at using international law rhetoric, a point he followed up on in a post comparing the international legal rhetoric in Obama's speech with that in Putin's NYTimes op-ed. The possible legal basis for action continued to fascinate us. Kevin wondered what motivated President Obama's new theory of customary international law, in which the percentage of the world's population that lives within the territory of a party to a treaty would determine whether the treaty gives rise to custom. Julian linked to a forthcoming article by Andrew Carswell on the possibility of General Assembly action based on the Uniting for Peace resolution. Following a comment by the White House Counsel that a strike would not be prohibited under international law, Julian wanted to know more about the theory on which the White House thinks a strike would be legal under international law. Make sure you catch the comment by Charlie Savage who interviewed Ms Ruemmler. Despite all these posts on Syria, we are not quite rebranding to Opinio Syriae just yet!

Apparently not, because yesterday's war propaganda editorial by Sebastian Junger beating the drum for attacking Syria is just spectacularly awful. I've been out of the fisking game for a while, but the editorial simply can't pass unmentioned. Every war I have ever covered — Kosovo, Bosnia, Sierra Leone and Liberia — withstood all diplomatic efforts to end it until Western military action...

Andrew Cayley, the co-international prosecutor, has resigned effective next week: British national Andrew Cayley told VOA that it was no secret he was planning to resign this year, but said he was leaving now for personal and professional reasons. He did not elaborate and said his resignation will not affect the ongoing prosecutions under his authority. Cayley’s departure, which is effective September...

In From Apology to Utopia, Martti Koskenniemi  mapped how international legal rhetoric can be used to “apologize” for power—to provide a fig leaf over the rude exposure of realpolitik—and how it can be utopian—making rules for a world that does not actually exist.  This week we have had two examples of international law and high politics: President Obama’s speech on Tuesday and Vladimir Putin’s...

I've been following Argentina's travails in the U.S. courts with great interest, even penning an oped on the subject back in January on their standoff with sovereign debt creditors in Ghana.  Argentina and the so-called "holdout" creditors have been battling out their dispute in the federal courts of New York for years.  So it is interesting to note that Argentina...