Anarchy & Order: The Interplay of Politics and Law in - download pdf or read online

By James C. Hsiung

ISBN-10: 1555875718

ISBN-13: 9781555875718

This can be a learn of the political parameters of foreign legislations and, conversely, the law's relevance and succeed in in overseas politics. on the theoretical point, it bridges the competing dominant paradigms - neorealism and neoliberalism - within the modern IR literature.

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It also stood in distant distinction to the twentieth­ century supranational entities, such as the two competing power blocs of Cold War vintage and the European Union (EU) emerging in the 1 990s. The nation-state then was the focus of both internal solidary sentiments and interactions across national boundaries (Kaplan and Katzenbach 1 96 1 , chap. 2). Balance making (or shifting alliances) was necessary to ensure the 22 INTERNATIONAL LAW security of each state. And this balancing dictate required a set of rules of conduct: (a) the maintenance of a fragile-as opposed to either grand or permanent-alliance system, so as not to threaten other states; (b) restraint in victory, so that a large enough number of states would be maintained to form a pool of potential coalition partners for the future; and (c) no toler­ ance of intervention in domestic politics of other states, to prevent one state from becoming too strong and to preserve systemic equilibrium.

By its design, self-determination was conceived as an effort to stem a possible resurgence of Nazi-type deprivations of basic human rights. But it was soon to become a legal and political weapon in the hands of subjugated peoples and their supporters, used in their fight for decolonization and independence (Hsiung 1 993b) . I return to this topic later, but I wish to stress here that the power of a systemic value whose time has come should be duly recognized, for it may redefine the game of nations.

The Helsinki Accords and the CSCE process . A convergence of two opposing sets of goals, held by the two opposing blocs during the Cold War, coalesced to bring about the multilateral (thirty-five participants) negotiations that led to the Helsinki Accords of 1 975. The negotiations had been pressed by the Soviet Union, which hoped to use the conference, to be known as the Conference on Security and Cooperation in Europe (CSCE), to enhance the legitimacy of Soviet control over Eastern Europe. But it became the device the West used to pressure the Soviet Union and the com­ munist regimes in Eastern Europe to give greater respect to human rights (Fry 1 993).

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Anarchy & Order: The Interplay of Politics and Law in International Relations by James C. Hsiung


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