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5.5: Conclusion

  • Page ID
    11122
  • Although questions about the relevance and effectiveness of international law persist, especially when powerful nations use their political power to ‘bend’ international law, today hardly anyone declares international law as irrelevant. Accordingly, the discussion has shifted from ‘whether international law is really law’ to ‘how do international norms matter’. Also the divide between international law and IR theory has been closing for some time now. Liberal approaches to IR acknowledge that norms have an important role to play for the shaping of state preferences and in international co-operation to attain common aims by setting common normative frameworks. The English school argues for an international society in which states through interaction naturally create rules and institutions, as exemplified in the example of the families at the beginning of this chapter. The constructivist school focuses on social processes, including legal norms that shape the self-understanding, role, identity and behaviour of actors. Social movement theory analyses the creation and effects of group organisation in civil society and how campaigning, for example for human rights, gains social force and translates into political results.

    International lawyers, on the other hand, have been opening up towards empirical, sociological and political approaches to understand how norms develop and how actors exert normative authority. This goes beyond understanding international law exclusively as a coherent legal system with recognised sources of law and specific techniques of legal practice. International lawyers increasingly adopt a more pluralistic and holistic outlook and an understanding of international law as a social process. This social process results in normative regulations that function as standards of conduct to guide and evaluate the behaviour of international actors. That the individual has acquired such a prominent role in international law as a central subject beyond state confines is truly remarkable. Today, each individual has rights that permeate the international and that are fundamentally embedded in an – albeit imperfect – global law which in turn permeates each of our lives. This law is not static but in a constant process of development. It requires to be made effective, challenged, defended and reformulated in order to fulfil its emancipatory potential.