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Invitation to the Sociology of International Law aims to cast light
on the under-explored sociological dimension of international law.
The book emphasizes that international legal rules are profoundly
embedded in diverse social factors and processes, such as norms,
identity, and collective memory. Thus, international law often
reflects and affects societal factors and processes in state
societies and in the international community. The book exposes some
central tenets of the sociological perspective and its core
theoretical approaches, and presents a sociological analysis of
several significant topics in present-day international law. The
volume surveys subjects such as compliance, international economic
law, legal fragmentation, law-making, and the impartiality of
adjudicators, and reveals that a sociological analysis of
international law enriches our understanding of social factors
involved in the formation, evolution, and implementation of the
law. Such analysis may not only explain past and present trends in
international law but also bears significant implications for the
interpretation of existing legal provisions, as well as suggesting
better legal mechanisms for coping with contemporary challenges. In
light of the underlying interrelationships between international
law and other social factors, this book invites international law
specialists to analyse international legal rules in their wider
social context and to incorporate sociological tools into
mainstream international law scholarship.
This 2004 book aims at advancing our understanding of the
influences international norms and international institutions have
over the incentives of states to cooperate on issues such as
environment and trade. Contributors adopt two different approaches
in examining this question. One approach focuses on the
constitutive elements of the international legal order, including
customary international law, soft law and framework conventions,
and on the types of incentives states have, such as domestic
incentives and reputation. The other approach examines specific
issues in the areas of international environment protection and
international trade. The combined outcome of these two approaches
is an understanding of the forces that pull states toward closer
cooperation or prevent them from doing so, and the impact of
different types of international norms and diverse institutions on
the motivation of states. The insights gained suggest ways for
enhancing states' incentives to cooperate through the design of
norms and institutions.
What is international law, and how does it work? This book argues
that our answers to these fundamental questions are shaped by a
variety of social cognition and knowledge production processes.
These processes act as invisible frames, through which we
understand international law. To better conceive the frames within
which international law moves and performs, we must understand how
psychological and socio-cultural factors affect decision-making in
an international legal process. This includes identifying the
groups of people and institutions that shape and alter the
prevailing discourse in international law, and unearthing the
hidden meaning of the various mythologies that populate and
influence our normative world. With chapters from leading experts
in the discipline, employing insights from sociology, psychology,
and behavioural science, this book investigates the mechanisms that
allow us to apprehend and intellectually represent the social
practice of international law. It unveils the hidden or unnoticed
processes by which our understanding of international law is
formed, and helps readers to unlearn some of the presuppositions
that inform our largely unquestioned beliefs about international
law.
This 2004 book aims at advancing our understanding of the
influences international norms and international institutions have
over the incentives of states to cooperate on issues such as
environment and trade. Contributors adopt two different approaches
in examining this question. One approach focuses on the
constitutive elements of the international legal order, including
customary international law, soft law and framework conventions,
and on the types of incentives states have, such as domestic
incentives and reputation. The other approach examines specific
issues in the areas of international environment protection and
international trade. The combined outcome of these two approaches
is an understanding of the forces that pull states toward closer
cooperation or prevent them from doing so, and the impact of
different types of international norms and diverse institutions on
the motivation of states. The insights gained suggest ways for
enhancing states' incentives to cooperate through the design of
norms and institutions.
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