International Relations and International Law

International relations theory for the study of international law provide a fresh perspective, it’s solving the puzzle in the theory of international law has long, is the new paradigm of the study of international law.

International law as international exchanges and the emergence of generation and development of frequent and, is a product of international relations. International relations theory for the study of international law provided a framework for analysis, with important interpretation of the function, it can issues of interpretation of international law, the basis of the effect, eliminating some of the puzzles in the theory of international law.

First, the mainstream interpretation of the theory of international law in international relations

1. On the interpretation of the origin and development of international law. First, idealism think can guarantee world peace and norms of international law an act of State. Under this impetus, a series of international treaties signed after the war and the establishment of the International Union, has made outstanding contributions to stability in the international community. Secondly, neoliberalism advocates international mechanisms, rules, system is the effective means of resolving international anarchy, emphasizing the effects of economic factors in international relations, and focus on the international regime, contributed to the prosperity in the international economic legislation, establishment of the WTO, are relevant for the formulation of various economic cooperation agreements. Again, the constructivist view that international law belongs to a specification, that is, social identity, which rise to the height of the concept of international law, beyond the controversy of whether international law is a law, making international status is widely accepted as a norm of international law.

2. On the interpretation of the position and function of international law. Idealist theory is that international law can guarantee world peace, raised to a very high status to international law, which has brought prosperity of postwar international legislation. Constructivism theory to enhance the status of international law. The theory is that international law belongs to the common will of States and expect consistent compliance with the expression “social norms”, it will have on the international and the choice of mode of conduct of States have certain mandatory effects. States on the concept and awareness of international law, belong to the “culture” category, is a non-authoritative effect of physical force, should give full attention to the role of international law in modern international relations. Constructivism as a concept in international law, goes beyond whether international law is “law” argument, the position up to the unprecedented position of international law.

3. On development of dynamic problems of interpretation of international law. Fundamental motive force for the development of international law from the international community to the needs of the international legal order. But international factors, such as ideas, interests or may promote the development of international law. Neoliberal think ideas factors can have an impact on foreign policy, concepts to help control the world, principles of international law concepts of guidance system in specific areas, visible, concepts of international law to the development of a concept of dynamic effects, is increased from concepts of international law. First of all, any one of the international system is an idea, when it was accepted by the international community, into system became binding international law.

Visible use of idealism, such as constructivism in international relations theory to analyze the macro issues of international law, will allow people to have a clear understanding of international law.

Second, the specific paradigm of international relations theory international law interpretation

1. Process for selecting the game on the interpretation of international law. Game theory is the study of conflict of interest of both sides in the competition to develop theory of optimization strategies. Game theory think that the agreement reached by the international law that States after the game, the key is whether the interests of all parties are balanced. If we can achieve balance, established in international law; if you cannot achieve balance, international law cannot be established. This seems obvious in the WTO international legislation. In each round of bargaining by the parties, if the final consensus, you can reduce tariffs and subsidies,; in such areas as agricultural market access, domestic support cannot reach agreement by the parties, it cannot be established rules. Visible is the game’s process of international law, is the process of coordination of interests of all parties.

2. Interdependence exists because of theoretical interpretation of international law. The theory is that international law exists because of the desire of the international community to the international system. International law is not an independent and self-sufficient independent body, it is affected by the restriction of the requirements of the international community. Recent international economic flourishing but the legislation of States in developing the economy, meet the needs of economic globalization. Towards legislative scope of international law such as to the economic growth, environmental protection, population control and space and ocean use and development, a topic diversification trend. Interdependence theory can explain why international law exists is because it says out of the international social basis of international law, any system not unwarranted vacuum exists, it must be dependent on the current social construction, restriction of the system of supply to community needs. As Mr Liang Xi said: “existed in international law is based on the needs of the international community. ”

3. Where the ultimate goal of national theoretical interpretation of international law. States within the meaning of national interests in international relations in a complex maintenance of its own and the nation from external against some basic principles. Regardless of which species international relationship theory, are think international system (international law) is implementation national interests of tools, different of just on international law itself status of views, or is on national interests areas of different views, on international law as interests implementation of tools this is and no too large of differences, can said, international law of purpose is to implementation national interests, as the Wang Yizhou Professor by said, international system (international law) is implementation national interests of a important factors.

National interests theory can explained international law eventually purpose is located of causes is: first, national interests is reached international legislative of power, a country to implementation itself of interests, need with international system to as means, this makes international law to produced; second, to international law for means pursuit national interests has became present of main trend, for example in WTO of system in the, States using WTO rules, requirements others abatement tariff, and release market,, are is in legal framework Xia for of, and not past of by force attack, and pioneering colonial, traditional means; again, no national interests of need, international law will no exists of Foundation. Even if international law also has the role of maintaining international order and the like, but the order was established on the basis of the balancing of interests, so there is no interest exists, international law does not exist.

III conclusion

International relations theory is the new path to the interpretation of international law, it outside of international law and influence factors analysis and investigation of the origin and development of international law and concluded that further discussion then used these findings to international law, broaden horizons, is a new paradigm. Meanwhile, international relations theory, also affect the development of international law, is the theory of conditions for the development of international law, both influence each other and promote each other.

References:

[1] Liu Zhiyun. Theory of international law in the perspective of contemporary international relations. Beijing: law press. 2006.

[2] s Ni Shi. Theory of contemporary international relations. Taiwan: five Southern publishing company. 2000.