The Court's controversial institutional design raises a crucial puzzle: Why was the new institution designed in such a way that it failed to gain the support of the one country which is, by all accounts, most important for enforcing its future decisions? In addressing this question, this chapter looks at two groups of theories for potential explanations: rationalist theories of international institutions, and the constructivist literature on the subject. It confronts theoretical arguments from both perspectives with the evidence given by participants and observers of the meetings and actions that have shaped the ICC. The purpose of this approach, however, is not a competitive theory testing in order to demonstrate which theory is correct or inherently better. Rather, it is to assess how helpful different theories are as analytical tools for identifying the relevant explanatory factors in a specific case, and especially how they can be usefully combined.
Unlike other articles on the International Criminal Court (ICC) that focus on the question of the court's future effectiveness, this article seeks to explain the creation of the court and its institutional design as established in its statute. It applies theoretical arguments from the rationalist and constructivist literature on international institutions to the ICC case; and demonstrates how both theoretical perspectives can be combined in different ways. The ICC's establishment can be explained with rationalist arguments focusing on cooperation problems and transaction cost, yet a constructivist view can 'deepen' the argument by explaining the perception of problems, and provide an alternative argument focusing on legitimacy concerns. Regarding institutional design, rationalist theory helps identify a tradeoff between a weak court backed by the US and a strong court without US support; a complementary constructivist approach can explain why states opted for the latter.KEY WORDS ♦ ICC ♦ institutional design ♦ institutionalism ♦ International Criminal Court ♦ international criminal justice ♦ international institutions ♦ international tribunals
The article makes the case for scrutinising international organisations (IOs) as key sites and agents of inequality reproduction and transformation in international society. Drawing on sociological inequality research and institutionalist approaches to International Relations, we argue that IOs reproduce and transform broader stratification patterns in their global social environment through intertwined processes of categorisation and distribution. We propose to capture these twin processes from three observation points, which highlight different material and symbolic practices operating within IOs and at the interface between IOs and their environment.
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