Shaping the Evolution of International Law in View of its Core Effects
Bibliographic Data
| ID | 6430488 |
|---|---|
| Authors | Tobias Vestner (0000-0001-9765-1309, corresponding author) |
| Year | 2025 |
| Volume | 30 |
| Issue | 2 |
| Pages | 375-405 |
| Publication date | 2025-02-26 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Negotiation (JOURNAL) |
| Journal identifiers | ISSN: 1382-340X • E-ISSN: 1571-8069 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/15718069-bja10120 |
| OpenAlex | W4407971712 |
| Language | EN |
| References cited | 26 |
In an international system that is undergoing change, states use international law in a strategic manner. Thereby, they shape the evolution of international law. This article explores how states proceed in this regard. It reviews the role of international law and its strategic use in international politics as well as describes the core effects of international law, namely to constrain, screen, and authorize state behavior. It then examines these effects in terms of the modes that states can use to influence the evolution of international law – agreements and related initiatives, legal positions, state activity, adjudication, and scholarship – and deduces states’ respective strategic options. The article then discusses overarching dynamics and implications for the international legal order. It concludes by arguing that negotiation theory and analysis should give broader attention to the processes that shape the evolution of international law other than by treaty-making
Core (optical fiber · International law · International relations · Law and economics · Political science · Politics · Sociology · Computer Science · International Law and Human Rights · International Maritime Law Issues · Law
The Political Economy of the United Nations Security Council
Order within Anarchy
Legitimacy and Legality in International Law
The New Power Politics
Peremptory law, global order, and the normative boundaries of a pluralistic world
Optional but not qualified
Structuring in a Vacuum
Beyond Collapse
Legal resilience in an era of grey zone conflicts and hybrid threats
Introduction
Security Council Deliberations
Fragmentation of International Law? Postmodern Anxieties
The International Regulation of the Use of Force
The choice before us
The Influence of Teachings of Publicists on the Development of International Law
Precedent, Compliance, and Change in Customary International Law
Structural causes and regime consequences
The Origins of Human Rights Regimes
International Courts as Agents of Legal Change
International Norm Dynamics and Political Change
The Rational Design of International Institutions
Justifying force
The rule of law and maritime security
Do Treaties Constrain or Screen? Selection Bias and Treaty Compliance
The Cuban Missile Crisis
| Citation velocity | historical |
|---|---|
| Highly cited | No |