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POLB81H3 (69)


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Political Science
Wiafe- Amaoko

Coplin most writers on IR & Intl law still examine relationship btw intl law & politics in terms of assumption that law either should/does fn only as coercive restraint on poli axn in spite of occasional reference to non-coercive aspects of intl law are developed primarily from model of intl law as sys of restraint deriving their conception of relationship btw intl law & poli axn from their ideas on way law fn in domestic communities, most modern writers look at intl law as instrument of direct control assumption that intl law is/should be coercive restraint on state axn structures almost every analysis, no matter what school of thought/degree of optimism/pessimism about effectiveness of intl legal sys w/ intellectual framework that measures intl law primarily in terms of constraint on poli axn, theres little wonder that skepticism about intl law cts to while creative work on lvl of theory seems to be diminishing therefore, its desirable to approach relationship btw intl law & politics at diff fnal lvl, not b/c intl law doesnt fn at lvl of coercive restraint, but b/c it fns at another lvl nd in order to illustrate 2 fnal lvl in relationship btw intl law & politics, its necessary to examine operation of domestic law in domestic society, legal sys as series of interrelated normative statements does more than direct/control axns of its members through explicit rules backed by promise of coercion sys of law act on more generic & pervasive lvl by serving authoritative modes of communicating/reflecting ideals & purposes, acceptable rles & axns, as well as very processes of societies legal sys fns on lvl of individuals perceptions & attitudes by presenting to him image of social sys image which has both factual & normative aspects & which contributes to social order by building consensus on procedural & on substantive matters in this case, law in domestic situation is primary tool in socialization of individual intl law fn is similar to manner namely as institutional device for communicating to policy-makers of various states consensus on nature of intl sys purpose of this article approach relationship btw intl law & politics not as sys of direct restraint on state axn, but rather as sys of quasi-authoritative comm to policy-makers concerning reasons for state axns & requisites for intl order quasi-authoritative device b/c norms of intl law represent only imperfect consensus of community of states, consensus which rarely commands complete acceptance but which usually expresses general held ideas given decentralized nature of law-creation & law-app in intl community, theres no official voice of states as collectively however, intl law taken as body of generally related norms is closest thing to such voice therefore, in spite of degree of uncertainty about authority of intl law, it may still be meaningful to examine intl law as means for expressing commonly held assumptions about state sys approach advocated in this article has its intellectual antecedents in sociological school, since it sekks to study intl law in relation to intl politics furthermore, its similar to that of sociological school in its assumption that theres/should be imp degree of symmetry btw intl law & politics on lvl of intellectual constructs thats, in way in which intl law has expressed & even shaped ideas about relations btw states its hoped that this approach will contribute to greater awareness of interdependence of intl law & conceptions of intl politics 3 basic assumptions which have generally structured attitudes which intl law has in past & cts today to reflect common attitudes about nature of state sys 1 st been assumed that state is absolute institutional value & that its security is 1 immutable imperative for state axn if there has been 1 thing of which policy-makers could always be certain, its that their axns must be designed to preserve their states 2 nd assumed that intl politics is struggle for power, & that all states seek to their power although forms of power have altered during evolution of state sys, it has been generally thought that states are motivated by drive for power, no matter what stakes 3 rd maintaining minimal sys of order among states symbolized generally by maxim Preserve balance of power affirms necessity of forming coalitions to counter any threat to hegemony & of moderating axns in order to avoid excess of violence that could disrupt sys necessary at this point to note that unavoidable tension has existed btw aim of maintaining state & max-ing power, & of preserving intl sys logical extension of either aim would threaten other, since complete freedom of axn by state wouldnt allow for limitation imposed by requirements to maintain sys, & strict regularization of state axn inherent in idea of sys would curtail states drive for power but tension has remained constant, w/ neither norm precluding other except when give n state was in immediate danger of destruction at those times, interests of sys have been subordinated to drive for stat e survival, but w/ no apparent long-range effect on acceptance by policy-makers of either set of interests, despite their possible incompatibility prescriptions that states should be moderate, flexible, & vigilant have been manifestation of operation of sys together, 3 basic assumptions about states have constituted conceptual basis from which policy-makers have planned axns of their states I. Classicla Intl Law & image of state sys almost every legal aspect of IR from 1648 to 1914 reinforced & expressed assumptions of state sys state practices in regard to treaties, boundaries, neutrality, occupation of new lands, freedom of seas & diplomacy, & classical legal doctrines, provide ample illustration of extent to which basic assumptions of state were mirrored in intl law essential role of treaties in intl law reflected 3 assumptions of state sys 1 st treay practices helped to define nature of statehood emanating from free & unfettered will of states, treaties were expression of their sovereign prerogatives statehood itself was defined in part as ability to make treaties & that ability presupposed equality & independence usually associated w/ idea of state moreover, certain definitive treaties, like those written at Peace ofAugsburg (1515) & Peace of Westphalia (1648), actually made explicit attributes of statehood former treaty affirmed idea that Prince had complete control over internal affairs ofstate, while latter emphasized that states were legally free & equal in their intl relationships even actual wording of treaties expressed classical assumption about sanctity of state whether in formal references to high contracting parties/in more vital statements about agreement of sovereigns not to interfere w/ axns of other sovereigns, treaties were clear expressions of classical idea of state treaty law contributed to evolution of classical assumption regarding maintenance of intl sys both explicitly & implicitly, treaties affirmed necessity of intl sys most imp treaties during classical period affirmed desirability of maintaining intl sys many treaties reaffirmed earlier treaty agreements, contributing to idea that intl sys was continuing, operative unity therefore treaties usually reminded policy-maker that maintenance of intl sys was legitimate & necessary objective of state policy treaties affirmed necessity & in part, legality of drive of power constant juggling of territory, alliances & other aspects of capability was frequent & rightful subject of treaty law treaties implicitly confirmed that power was dynamic force in relations btw states by defining legal criteria of power & more imp, by providing institutional means, subscribed to by most of members of sys which legalized certain poli transaxns, like territorial acquisition & dynastic exchange 2 nd legal concept of boundaries inherent
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