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5 - International Law as an Institutionalized and (Coercively) Guaranteed Order

Published online by Cambridge University Press:  15 April 2019

Miodrag A. Jovanović
Affiliation:
University of Belgrade
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Summary

In providing a genealogy of institutionalization of the international order, which largely rests on horizontality of international law and the balance of power, this chapter reveals specificities regarding international law-making and law-applying institutions. In the legal order in which states are key subjects of law-making, it is questionable to what extent various non-state institutional actors are assuming this role as well. Having in mind the relevance of the United Nations, the chapter addresses law-making capacities of the Security Council and General Assembly. Since institutionalization of a normative order implies institutionalization of judgment, the chapter, then, deals with the process of judicialization of the international legal order. The final part is dedicated to the role of coercion in guaranteeing the order with the lack of centralized enforcement agencies. It is argued, alongside Hathaway and Shapiro, that the primary model of international coercive guaranteeing is “external outcasting”. It is “outcasting”, because it “involves denying the disobedient the benefits of social cooperation and membership”. It is “external”, because it is “frequently carried out by those outside the regime.”
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Publisher: Cambridge University Press
Print publication year: 2019

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