Invitation to the Sociology of International Law
Moshe Hirsch
Abstract
This book aims to cast light on the under-explored sociological dimension of international law. The book emphasizes that international legal rules are deeply embedded in diverse social factors and processes (such as norms, identity, and collective memory). Thus, international law often reflects and affects societal factors and processes in state societies and in the international community. The book exposes some central tenets of the sociological perspective and its core theoretical approaches. To exemplify the properties of the sociological analysis, it employs sociological tools to explore d ... More
This book aims to cast light on the under-explored sociological dimension of international law. The book emphasizes that international legal rules are deeply embedded in diverse social factors and processes (such as norms, identity, and collective memory). Thus, international law often reflects and affects societal factors and processes in state societies and in the international community. The book exposes some central tenets of the sociological perspective and its core theoretical approaches. To exemplify the properties of the sociological analysis, it employs sociological tools to explore diverse topics in contemporary international law, including the World Trade Organization’s (WTO) rules regulating regional trade agreements (RTAs); legal fragmentation and the interaction between international investment law and human rights law; impartiality of adjudicators; compliance and breach of international law; and the European Union’s rules concerning economic and monetary cooperation. Exploring these topics from a sociological perspective reveals that a sociological analysis of international law enriches our understanding of social factors involved in the construction, interpretation, and implementation of international law. Such analysis may not only explain past and present trends in international law, but may also bear significant implications for the interpretation of existing legal provisions, as well as suggesting better legal mechanisms for coping with contemporary challenges faced by international law.
Keywords:
sociology,
culture,
society,
international law,
international community,
international society,
compliance with international law,
international law-making
Bibliographic Information
Print publication date: 2015 |
Print ISBN-13: 9780199688111 |
Published to Oxford Scholarship Online: December 2015 |
DOI:10.1093/acprof:oso/9780199688111.001.0001 |