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Conclusion

Published online by Cambridge University Press:  05 December 2014

Janina Dill
Affiliation:
University of Oxford
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Summary

We can, I think, now tell the story of IL the book set out to explore. IL is a compromise between utility and appropriateness. It simultaneously depends on these normative codes for its meaning and on the corresponding reasons for action, i.e. interests and pre-legal normative beliefs, for its creation and for compliance. I call this the epistemic and the causal dependence of IL. At the same time, IL is irreducible to these variables. It has the potential to make a counterfactual difference for behaviour because compliance can have an intellectual and a motivational effect, which influence actors’ beliefs about what is in their interests (utility) and how they ought to behave (appropriateness). Rather than an epiphenomenon of interests or non-legal norms, IL is thus a relevant variable in its own right for an explanation of how actors behave in international relations.

When compliance with IL leads to behaviour widely perceived as legitimate, IL is also normatively successful. This is less likely the more indeterminate a rule of IL is. But even a very determinate rule must, of course, also be determinate in the right way – the compromise between utility and appropriateness enshrined in it must correspond to international society’s normative expectations of how such a compromise looks in its area of regulation. Customary IL, it turns out, is not a compromise between utility and appropriateness, but rests on a convergence between what various different actors tend to perceive as in their interest or required as a matter of norms in a certain situation. If actors’ reasons for action in fact correspond with each other, instrumental and principled considerations suggest the same behaviour, customary IL is superfluous; if they do not, it is prohibitively indeterminate.

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Chapter
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Legitimate Targets?
Social Construction, International Law and US Bombing
, pp. 299 - 310
Publisher: Cambridge University Press
Print publication year: 2014

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  • Conclusion
  • Janina Dill, University of Oxford
  • Book: Legitimate Targets?
  • Online publication: 05 December 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107297463.016
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  • Conclusion
  • Janina Dill, University of Oxford
  • Book: Legitimate Targets?
  • Online publication: 05 December 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107297463.016
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.

  • Conclusion
  • Janina Dill, University of Oxford
  • Book: Legitimate Targets?
  • Online publication: 05 December 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781107297463.016
Available formats
×