Law and contestation in international negotiations

Rapp, Kyle

doi:10.1017/s0260210520000303

Cited by 5 publications

(6 citation statements)

References 45 publications

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“…And in the modern world, legal arguments carry a rhetorical power that other kinds of arguments lack: “In international arenas, especially more formalised settings, IL is a particularly powerful source of rhetorical commonplaces. This is because IL is seen as particularly legitimate rhetoric” (Rapp, 2020: 6). Legal arguments are thus harder to defeat than moral or political ones (Rapp, 2020: 2).…”

Section: Norm Structures and Norm Strengthmentioning

confidence: 99%

Why norms rarely die

Percy

Sandholtz

2022

European Journal of International Relations

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Significant challenges to core international norms have prompted debate over whether or not norms decay, decline, or die. We argue that claims of norm death are empirically incorrect and theoretically misleading. Norms rarely die, and the processes that happen instead are far more complex. The idea of norm death embodies two misconceptions borne out of methodological incentives in empirical constructivism; that norms are single entities that exist separately from larger structures, and that compliance is the most effective way to measure if a norm is under challenge. We argue that the literature on “norm death” epitomizes the pitfalls of this approach, and as a result neither empirically or theoretically captures what happens when norms are under challenge. Norms are fundamentally resilient and can withstand even high levels of non-compliance. We examine four cases of alleged norm death—the norms against mercenary use, unrestricted submarine warfare, and torture, and the norm requiring declarations of war—and demonstrate that in these cases norms are not disappearing, but are rather subject to processes of obsolescence, replacement, and modification. We further argue that once we recognize that norms are embedded in wider structures, and move away from the notion that compliance indicates norm strength, it is possible to see why norms are generally resilient.

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Section: Norm Structures and Norm Strengthmentioning

confidence: 99%

Why norms rarely die

Percy

Sandholtz

2022

European Journal of International Relations

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“…Decisionmakers are also aware that not all legal justifications may be equally useful. Instead, specific legal claims—those referencing codified legal standards, particularly those that are substantively connected to the debate—may be more effective (Rapp, 2020). These written sources may provide more stable meanings that are less open to interpretation by rivals.…”

Section: Theory and Expectationsmentioning

confidence: 99%

“…General legal claims—appeals to uncodified international legal ideas and customary international law—still offer a useful rhetorical source and should be preferred over non-legal claims. However, these general claims are not expected to be the first choice for international justifications (Bower, 2015; Rapp, 2020).…”

Section: Theory and Expectationsmentioning

confidence: 99%

“…And why do these justifications often depend on complex claims and references to multiple bodies and types of law? I argue that decisionmakers attempt to create the most specific justifications that they can, drawing on codified legal references where possible in order to legitimate their behavior with references to shared written standards, as these may be seen as particularly strong justificatory references (Bower, 2015, 2020; Rapp, 2020). Actors cannot infinitely reinterpret the law, there are limits to what claims may be accepted (Hurd, 2016: 14), and codified texts may help decisionmakers connect their justifications to accepted, or at least contestable, legal justifications.…”

Section: Introductionmentioning

confidence: 99%

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Justifying force: international law, foreign policy decision-making, and the use of force

Rapp

2022

European Journal of International Relations

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What is the role of international law in foreign-policy decision-making? In particular, why do leaders justify policy decisions with appeals to international law and why do these appeals make the references that they do? This paper combines scholarship on the role of justifications and the permissive power of international law, theorizing that decisionmakers will seek out international legal justifications over justifications that reference non-legal claims. These justifications are seen as particularly important in the contemporary world, reflecting the legalized nature of international relations today. In particular, decision-makers will especially prefer to reference codified international agreements over customary international law, seeing a particular value to referencing a written text even if it is not as directly connected to the issue at hand. These more general justifications are, in turn, preferred over non-legal justifications. This reflects the importance of international law in international relations—in a deeply legalized system actors feel compelled to portray their behaviors as legal, even if these justifications are tenuous or if pursuing them is time and resource consuming. The United Kingdom’s 1956 intervention in the Suez and the United States’ 1983 intervention in Grenada—are used to test these assumptions. Both cases support the theory: decision-makers prefer legal justifications, pursuing these over other options. In addition, decision-makers appear to prefer legal arguments built on codified law, keeping with the theoretical predictions. These findings deepen our understanding of how actors understand and use international law, its role in justifications, and the legalized nature of international relations today.

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“…International criminal law is generated and developed in the process of the international community fighting against international crimes, which is an important force in fighting international crime [ 1 ]. In recent years, there are two trends deserving attention in the development of international criminal law.…”

Section: Introductionmentioning

confidence: 99%

International Criminal Law Protection of Environmental Rights and Sentencing Based on Artificial Intelligence

Wang

Sun

Wang

et al. 2022

Journal of Environmental and Public Health

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Environmental problem is an international problem that transcends national boundaries and develops into regional and global environmental pollution and ecological problems. Facing the increasing environmental pollution, the international community has successively formulated many relevant environmental pollution prevention laws, but the world situation is complicated after all, environmental problems still emerge endlessly, and the protection of environmental rights has become the consensus of the international community. Environmental right is an integral part of human rights, and protecting environmental right is the concrete expression and proper meaning of protecting human rights. Using international criminal law to protect environmental rights will play a positive role in global environmental protection. As with the development of computer technology, the research of machine learning has gradually transferred to the field of social science, especially the judicial field. While sentencing is a crucial part of environmental crime, this paper studies the sentencing of environmental rights cases from the perspective of international criminal law and uses Convolutional Neural Networks (CNN) to determine the sentencing of environmental rights cases. Through the experiment on the Integrated Database (IDB) dataset, the results show that the introduction of CNN improves the effect of the sentencing term prediction model and the fine prediction model significantly. The CNN-based model scored 91.6542 in the sentencing term prediction model and 90.8890 in the fine prediction model.

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Law and contestation in international negotiations

Cited by 5 publications

References 45 publications

Why norms rarely die

Why norms rarely die

Justifying force: international law, foreign policy decision-making, and the use of force

International Criminal Law Protection of Environmental Rights and Sentencing Based on Artificial Intelligence

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