Rules Norms And Decisions

This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).

This book presents a punctuated equilibrium framework for understanding the nature of policy decision-making by governments as well as a theory of the creation, functioning, and evolution of international norms and institutions.

The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.

This book explores the question of how the multiplication of judicial decisions on international law has influenced the way in which legal findings in international law adjudication are justified. International law practitioners frequently cite judicial decisions to persuade. Courts interpreting international law are no exception to this practice. However, judicial decisions do much more than persuading: they enable and constrain interpretive discretion. Instead of taking the road of the sources of international law, this book turns to the somewhat uncharted terrain of legal argumentation. Using international criminal law as a case study, it shows how the growing number of judicial decisions has normalised courts' resort to them in legal justification and enabled some argumentative practices to become constitutive of international law. In so doing, it critically revisits the implications of an iterative use of judicial decisions, and reassesses the influence of the 'judicialisation turn' on the ways in which the meaning of international law is formed, shaped and reshaped by reference to judicial decisions.

This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists.

Debate rages within the Catholic Church about the ethics of war and peace, but the simple question of why wars begin is too often neglected. Catholics’ assumptions about the causes of conflict are almost always drawn uncritically from international relations theory—a field dominated by liberalism, realism, and Marxism—which is not always consistent with Catholic theology. In The Origins of War, Matthew A. Shadle examines several sources to better understand why war happens. His retrieval of biblical literature and the teachings of figures from church tradition sets the course for the book. Shadle then explores the growing awareness of historical consciousness within the Catholic tradition—the way beliefs and actions are shaped by time, place, and culture. He examines the work of contemporary Catholic thinkers like Pope John Paul II, Jacques Maritain, John Courtney Murray, Dorothy Day, Brian Hehir, and George Weigel. In the constructive part of the book, Shadle analyzes the movement within international relations theory known as constructivism—which proposes that war is largely governed by a set of socially constructed and cultural influences. Constructivism, Shadle claims, presents a way of interpreting international politics that is highly amenable to a Catholic worldview and can provide a new direction for the Christian vocation of peacemaking.

There is much controversy over the development of new dams for hydropower, where concerns for environmental protection and the livelihoods of local people may conflict with the goals of economic development. This book analyses the opportunities and barriers that NGOs and civil society actors face when conducting advocacy campaigns against such developments. Through a comparison of two NGO coalitions in Cambodia and Vietnam advocating against the Xayaburi hydropower dam on the Mekong River, the book explores the intricate interactions of formal and informal rules and norms and how they influence advocacy strategies. A framework for analysis is proposed which serves as a tool for analysis by civil society actors. The author generates fresh insights into the way in which opportunities and barriers are created for NGOs to influence state-centric decision-making processes. The book also discusses Mekong riparian states’ negotiation process over the Xayaburi hydropower dam in detail, providing an analysis of the Mekong River’s governance under the 1995 Mekong Agreement. The book concludes by suggesting ways to improve the engagement of civil society actors in the governance of transboundary rivers and development projects.