Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-05-01T05:17:59.591Z Has data issue: false hasContentIssue false

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
Get access

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.”
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×