Conceptualizing Law in International Relations

• In Event: Violence, Freedom, and Law

Abstract

The importance of legal norms in international relations is subject to ongoing debate. The views on the role of law often vary based on the epistemological and ontological approaches that scholars exercise and the framework in which law operates. The effects of international and domestic public law have been scrutinized for decades but attempts to conceptualize law are scarce. Nevertheless, such conceptualization must anticipate any study of legal norms because it defines all the following research in this area. It determines the scope of research, variables of interest, and, accordingly, the proper methodology. It also helps to establish concepts and terminology that bridge the gaps between disciplines, which is essential in interdisciplinary studies. In this paper, I examine how international law is treated in the international relations literature and claim that the questions of its nature largely remain unanswered by scholars. I find that scholars mostly adhere to the instrumentalist approach, framing law as an artificial construct that formalizes established norms, institutions, and regimes. This view is especially common among systemic theorists. I also find that foreign policy analysis may offer a better understanding of law by exploring its normative value. However, more interdisciplinary studies and collaboration between political scientists and legal experts are needed for better conceptualization of law.

Author

• Aleksandr Kuznetcov, University of Georgia