On International Legal Norms: the Viewpoint of Realism

• Main Authors: Tan,Wei-en, 譚偉恩
• Other Authors: Chang,Chun ei
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/49436949012650411637

碩士 === 國立政治大學 === 外交研究所 === 93 === The characteristic feature of Realism is its use of the power concept to explain the course of international politics (especially the behavior of state). The primary unit of analysis is the State which is regarded as operating in an anarchical system dominated by conflict. However, both notions above are misunderstood not only by general students, but the partial of Realism itself as well. Although Realism aligns norms or law with power in so far as international law is considered a tool at the disposal of the most powerful. Yet international legal norms and power also frequently do interact actually. This thesis doesn’t mean to deny the value of Realism, instead, tries to modify and introspect its viewpoints. Starting at the issue of international order, there are several tasks having been done: what is the strategy for Realism to keep order in the society of states and how does it work? Then, if the way for keeping order in Realism wasn’t constructive or in vain, do we have other choices to retain the relationship among the states stable and peaceful? By way of finding out why the states created international law and what the sources of international law are, we can think that the making process of international legal norms and norms itself don’t possess one formal mechanism responsible for law creation like the domestic law, but there are recognized and accepted methods by which legal norms or rules came into existence, for example, the consent of states. In those methods the precise content of legal norms can be identified by states (or other actors). Despite, therefore, the realist perspective deems international law to have no significance in its own right but we still have to seek to ascertain why do the States obey international law sometimes, if not always, but at least. And make it clear to know what the appraisal and perception in different schools under the Realism Paradigm. As we have known the Realism is not a single theory but a research paradigm, the author investigated respectively the different schools of Realism; they are Classical Realism, Structural Realism (including Offensive and Defensive Realism), Neoclassical Realism and Realism in English School. As the content points out, people whose stereotype of Realism has been limited to power politics are used to thinking that international institutions (and regimes) or international law is incompatible with the Realism, usually. However, it’s not absolute for us to consider that Realism turns down international law necessarily. For one instance, Realism without using structural concept, like Classical Realism, takes the positive attitude toward the role and the functions of international legal norms. After realizing the Realism’s conception of order and what the flaw of its strategy (Balance of Power) to maintain order is, this thesis then mentioned about the reasons why international law is created, and how different school under the Realism Paradigm evaluates international law. Following up, the author inspected the change in international politics. In the post Cold War era, though the nature of international system is still like what it used to be, a Anarchical system, the different and new phenomena do really happen. Globalization, for instance, is one momentous challenge to the sovereignty of States and their political power. The rest like separatist movements, environmental problems are also influential to international politics. The central issues of those influences are the interdependence among actors, the dissimilarities among actors and the yearning for international legal norms. Under the perceptions like this, the traditional state-centric international system of Realism has been being toward a Neo-Medieval system. In that system, state actors will lose their predominant and leading stand. On the other hand, the development of international legal norms will adjust itself to the new world and become more important. In fact, the behavior of international actors does not seem to bear out the realist assumption of the impotence of international law. Bull, for example, explains the international law-international politics relationship in terms of three political functions fulfilled by international law: to identify the idea of a society of sovereign States, to state the interactive basic rules of coexistence among States and international actors, and to help mobilize compliance with the rules of international society. As the conclusion in this thesis pointed out, international legal norms is one part of international politics. In order to overcome the inadequacies of the traditional and structural realist interpretation, the concept of ‘International Society’ must be dealt and applied explicitly and deeply in constructing theory of Realism. Meanwhile, people should spend more time researching the global issues, such as human rights and environmental protection, because in these sectors, the most core of realist thinking, independence and integrity of sovereignty, will get into plight and encounter more and more challenges, and the possibility for the States to get rid of international legal norms in the name of sovereignty becomes less and less.