By James C. Hsiung
It is a research of the political parameters of overseas legislations and, conversely, the law's relevance and succeed in in foreign politics. on the theoretical point, it bridges the competing dominant paradigms - neorealism and neoliberalism - within the modern IR literature.
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Extra resources for Anarchy & Order: The Interplay of Politics and Law in International Relations
S . -Mexican treaty, the 32 INTERNATIONAL LAW International Boundary Commission was created to facilitate the carrying out of the principles contained in the treaty. But whether or not such a body exists is not always a good guide for identifying the existence of a regime. For example, we may speak of a "regime" on the prohibition of the use of force having been in existence since 1 928, quite independent of either the League of Nations or the United Nations. , the Saavedra Lamas Treaty signed by Latin American states in 1 933), together have sought to outlaw the use of force.
But their dim view of international law can be deduced from their silence on the subject and, more important, their premises about self-help and power, leaving no room for international law. With regard to the latter, they have inherited the Morgenthalian "iron law" of power in international politics. I use Morgenthalian with reference to the Realist, and hence Neorealist, bifurcation of power and law, because not every modern Realist agreed on this point. Edward Hallett Carr ( 1 939), for example, simply spoke of the overestimation of internation al law and legal institutions by IR scholars during the League of Nations years .
In the conduct of their external relations, the only possible solutions to the Prisoner 's Dilemma are through third-party intercession, collective action, and institutions. To elaborate briefly, first, since states are sovereigns and hence enjoy juridical equality, no state can impose its will on any other state. Third party intercession is the best substitute for the mediatory power of a central authority. Thus, international law provides for various modes of dispute settlement entailing the services of a third party, be it a mediator, an arbitra tor or a tribunal (see Chapter 4) , or the intervening role of an international organization such as the United Nations (see Chapter 1 0).