Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rdxmf Total loading time: 0 Render date: 2024-11-22T12:46:07.284Z Has data issue: false hasContentIssue false

1 - International law and the politics of diplomacy

from Part I - Making of international institutions

Published online by Cambridge University Press:  05 September 2015

Ian Hurd
Affiliation:
Northwestern University
Ole Jacob Sending
Affiliation:
Norsk Utenrikspolitisk Institutt, Oslo
Vincent Pouliot
Affiliation:
McGill University, Montréal
Iver B. Neumann
Affiliation:
London School of Economics and Political Science
Get access

Summary

Diplomacy is the social practice by which states interact with other states. It takes place in the medium of international law as states use international law to explain and justify their policies to other states and other audiences and to understand them themselves. It is clear to see that in practice, states invoke law to strengthen their positions relative to other states by constructing justifications that situate their policies and preferences as consistent with international laws and norms. This is a ubiquitous practice in contemporary international politics. It can also be used to inform a theory of diplomacy as the intersection of international law and international politics.

This chapter advances two substantive points about diplomacy: first, that it is a social practice of states, and second, that the practice consists of reconciling state behavior with international law. The first section explains what is entailed in seeing diplomacy both as a practice and as state centric, including the dynamic between state officials and “new actors” in diplomacy such as activists, media, and non-state actors. The second section examines diplomacy's connection to compliance, contestation, and the rule of law in world politics. Diplomacy makes state behavior sensible by explaining it in terms of existing international legal forms. It is therefore productive of foreign policy and international law. The contemporary international order rests on a widely shared commitment to the international rule of law – the belief that the primary virtue of states and the main machinery of international stability depend on compliance with international law. Public diplomacy operates in the context of this commitment. States strive to be seen as acting consistently with their legal obligations, and public diplomacy is to substantiate and defend that position. In doing so, however, it is shaped by the tendency for states to see international rules as naturally consistent with their own interests and desires. As a result, competing claims about compliance are standard fare, and they cannot be resolved by recourse to either legal formalism or deliberative procedures. I end the chapter by presenting implications for the philosophy of international law, for the concepts of compliance and noncompliance, and for the agent-structure debate in international theory.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×