De facto states have become an increasingly interesting topic for scholars and policy makers. Regarded as an anomaly in the international system, their increasing prevalence is raising serious questions about the nature of statehood and secession in the contemporary international system. But they present a number of definitional and conceptual issues. Quite apart from how they should be called, which is a debate that seems to be close to settlement, there have been debates about which territories should qualify as de facto states. More importantly, what hope do these territories have of being legalized or legitimized in the future? It seems that the strong aversion to recognizing unilateral acts of secession will remain in force. It is also worth noting that the very nature of the international system is now changing. The international system focused almost exclusively on states is disappearing rapidly. All sorts of bodies, organizations, and companies now interact on the world stage. In this sense, de facto states may well find that they find a place in their own right in an evolving and expanding international community.
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De Facto States in the 21st Century
James Ker-Lindsay
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Diplomacy and International Law
David Clinton
Within the international society, law and diplomacy have always been complementary and interdependent. However, lawyers and diplomats deal with international issues differently, making them rivals to be the primary mode of international interaction. Diplomacy is the art and practice of conducting negotiations between representatives of states; it usually refers to international diplomacy, the conduct of international relations through the mediation of professional diplomats with regard to a full range of topical issues. Nations sometimes resort to international arbitration when faced with a specific question or point of contention in need of resolution. For most of history, there were no official or formal procedures for such proceedings. They were generally accepted to abide by general principles and protocols related to international law and justice. International law is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations. Much of international law is consent-based governance. This means that a state member is not obliged to abide by this type of law, unless it has expressly consented to a particular course of conduct, or entered a diplomatic convention. Interdisciplinary courses, like diplomacy and international law, are designed to help one think critically about diplomatic and international legal issues in real-life contexts, while applying theory to practice and addressing some of the key questions facing the world today.
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The Institutions of International Society
Tonny Brems Knudsen
The “fundamental” or “primary” institutions of international society, among them sovereignty, diplomacy, international law, great power management, the balance of power, trade, and environmental stewardship, have been eagerly discussed and researched in the discipline of international relations (IR), at the theoretical, meta-theoretical, and empirical levels. Generations of scholars associated with not only the English School, but also liberalism and constructivism, have engaged with the “institutions of international society,” as they were originally called by Martin Wight and Hedley Bull in their attempt to develop a historically and sociologically informed theory of international relations. The fact that intense historical, theoretical, and empirical investigations have uncovered new institutional layers, dynamics, and complexities, and thus opened new challenging questions rather than settling the matter is part of its attraction. In the 1960s and 1970s, the early exponents of the English School theorized fundamental institutions as historical pillars of contemporary international society and its element of order. At the turn of the 21st century, this work was picked up by Kal Holsti and Barry Buzan, who initiated a renaissance of English School institutionalism, which specified the institutional levels of international society and discussed possibilities for institutional change. Meanwhile, liberal and constructivist scholars made important contributions on fundamental institutions in key engagements with English School theory on the subject in the late 1980s. These contributions and engagements have informed the most recent wave of (interdisciplinary) scholarship on the subject, which has theorized the room for fundamental institutional change and the role of international organizations in relation to the fundamental institutions of international society.
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International Order in Theory and Practice
Kyle M. Lascurettes and Michael Poznansky
International relations scholars of all stripes have long been interested in the idea of “international order.” At the most general level, international order entails some level of regularity, predictability, and stability in the ways that actors interact with one another. At a level of higher specificity, however, international orders can vary along a number of dimensions (or fault lines). This includes whether order is thin or thick, premised on position or principles, regional or global in scope, and issue specific or multi-issue in nature.
When it comes to how orders emerge, the majority of existing explanations can be categorized according to two criteria and corresponding set of questions. First, are orders produced by a single actor or a select subset of actors that are privileged and powerful, or are they created by many actors that are roughly equal and undifferentiated in capabilities and status? Second, do orders come about from the purposive behavior of particular actors, or are they the aggregated result of many behaviors and interactions that produce an outcome that no single actor anticipated? The resulting typology yields four ideal types of order explanations: hegemonic (order is intentional, and power is concentrated), centralized (order is spontaneous, but power is concentrated), negotiated (order is intentional, but power is dispersed), and decentralized (order is spontaneous, and power is dispersed).
Finally, it is useful to think about the process by which order can transform or break down as a phenomenon that is at least sometimes distinct from how orders emerge in the first place. The main criterion in this respect is the rapidity with which orders transform or break down. More specifically, they can change or fall apart quickly through revolutionary processes or more gradually through evolutionary ones.
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Muslim Views of the Polity: Citizenry, Authority, Territoriality, and Sovereignty
Nassef Manabilang Adiong
Muslim views on the polity represent the paradigmatic understandings of how Muslims relate citizenry, authority, territoriality, and sovereignty to the overarching influence of the Western nation-state system. For instance, the meaning of citizenry in the modern state system was adopted by several Muslim societies during the decolonization period. Faith or submission to the will of God was the main criterion to become part of the group (usually referred to as the ummah). However, orientalists regarded ummah as a synonym for tribe, while Arab linguists insisted on a religious connotation. Authority, on the other hand, is ultimately enshrined in the personhood of the Prophet who is the spiritual leader, executor, legislator, and judicial interpreter of God’s message. Since in reality the Prophet is no longer existing, leadership is bestowed on the subsequent followers, and sometimes the ummah may possess leadership status through a social contract between the ruler and the ruled. The manifestation of operationalized authority needs a political space, domain, or place, which is attainable via the notion of territoriality. This is loosely conceptualized as an ummah that has geographical aspects, cultural traits, and a lingua franca. In the 8th century, jurists divided Muslim territoriality into two analytical terms, the abode of Islam (dar al-Islam) and the abode of war/the enemy (dar al-Harb), while the Shia version of abodes rests in the Qur’anic dichotomy of “oppressed–oppressor.” The last concept pertains to sovereignty (hakimiyyah), commonly understood as “the will of God” and advanced by Islamists in the 20th century. In medieval times, it was understood as the promotion of public welfare envisaged in Shari’ah, while in modern times, Islamic modernists argued that Islamists wrongfully understood sovereignty and that the root word used in the Qur’an meant “to govern.” Nowadays, the assertion that symbolizes God’s sovereignty can be found in some modern Muslim states.
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Neutrality Studies
Pascal Lottaz
The study of neutrality, as an academic subject in the fields of history and the social sciences, is concerned with the politics, laws, ethics, economics, norms, and other social aspects of states and international actors that attempt to maintain friendly or impartial relations with other states who are—or might become—parties to international conflict. In this regard, neutrality studies is a subject of international politics in its broadest sense, encompassing international law and international relations. It is an open space that has been explored through various academic lenses, including (but not limited to) realism, liberalism, constructivism, and poststructuralism. Most neutrality research in the early 21st century is focused on particular periods or forms of neutrality. To discuss this topic, it is helpful to distinguish two levels of analysis. First, there is historical research that describes the observable phenomenon of neutral behavior and its related effects, in other words, specific instances when countries (or actors) remained neutral. This is mostly the domain of historians. The second level is the moral, legal, political, and ideational assessment of neutral situations, which are theoretical discussions that treat issues (including but not limited to) the underlying reasons and the larger impact of neutrality on specific conflict dynamics, security systems, identities, and norms. Ideological debates often occur on this level since theoretical assessments of neutrality depend heavily on the subjective framing of the conflicts they accompany.
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The Politics of Digital (Human) Rights
Ben Wagner, Andy Sanchez, Marie-Therese Sekwenz, Sofie Dideriksen, and Dave Murray-Rust
Basic human rights, like freedom of expression, freedom of the press, and privacy, are being radically transformed by new technologies. The manifestation of these rights in online spaces is known as “digital rights,” which can be impeded or empowered through the design, governance, and litigation of emerging technologies. Design defines how people encounter the digital world. Some design choices can exploit the right to privacy by commodifying attention through tactics that keep users addicted to maximize profitability; similar design mechanisms and vulnerabilities have facilitated the abuse of journalists and human rights advocates across the globe. But design can also empower human rights, providing novel tools of resistance, accountability, and accessibility, as well as the inclusion of previously underserved voices in the development process. The new capabilities offered by these technologies often transcend political boundaries, presenting complex challenges for meaningful governance and regulation. To address these challenges, collaborations like the Internet Governance Forum and NETmundial have brought together stakeholders from governments, nonprofits, industry, and academia, with efforts to address digital rights like universal internet access. Concurrently, economic forces and international trade negotiations can have substantial impacts on digital rights, with attempts to enforce steeper restrictions on intellectual property. Private actors have also fought to ensure their digital rights through litigation. In Europe, landmark cases have reshaped the international management of data and privacy. In India, indefinite shutdowns of the internet by the government were found to be unconstitutional, establishing online accessibility as a fundamental human right, intimately tied with the right to assembly. And in Africa, litigation has helped ensure freedom of speech and of the press, rights that may affect more individualsas digital technologies continue to shape media. These three spheres—design, diplomacy, and law—illustrate the complexity and ongoing debate to define, protect, and communicate digital rights.
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State Responsibility in International Politics
Daniel Warner
State responsibility can be examined from the moral, legal, and political perspectives. Historically, state responsibility was the subject of extensive work by the International Law Commission, which was carried out over 40 years (1956–2001). While the Commission’s work was terminated in 2001 with no binding conventions or treaties resulting from it, many of its final articles have become references in international and domestic tribunals. However, the Commission was unable to establish obligatory arbitration between states, to agree on penalties for international crimes, or to establish any formal legal structure with which to oversee legal state responsibility.
Differences between domestic jurisdiction and international jurisdiction limit definitive, formal legal state responsibility. The United Nations, the International Court of Justice (ICJ), and the International Criminal Court (ICC) all deal with state responsibility, but all reflect, to different extents the role of international politics in state responsibility. The permanent members of the UN Security Council have veto power. All United Nations member states are members of the ICJ. However, only 74 of them recognize the compulsory jurisdiction of the ICJ and the ICC tries individuals, not states.
The use of “illegal but legitimate” to justify military intervention in the Balkans was an example of how states creatively avoid following the legal limits of their responsibility. The decision of the ICJ in the Nicaragua v. United States case also showed the importance of the role of politics in a judicial process and the difficulties of defining the limits of a state’s responsibilities.
The very question of state responsibility in international politics reflects the importance of states and interstate international politics. States are the primary subjects of international law. However, issues such as climate change and the environment go beyond mere state responsibility and push the boundaries of the statist paradigm to larger global responsibilities erga omnes as well as actors above and below the state levels.
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The Arctic in International Relations
Andreas Østhagen
The Arctic has risen on the international agenda, both for the eight Arctic states and for other actors external to the region. Security and geopolitical dynamics have developed and changed in the north. Nevertheless, one-liner predictions of a resource race or an imminent conflict do not capture the nuances of Arctic politics. When it comes to territorial or border disputes, none remains in the Arctic. The last territorial dispute—over Hans Island—was settled in 2022. When it comes to maritime boundary disputes, only one remains—namely, between Canada and the United States. Along these parameters, the Arctic is in fact remarkably defined and stable, in contrast to other maritime domains surrounded by states. There are still disputes in which states disagree over the interpretation of international law or how to manage the change in resource activity brought forth by climate change. Looking at the international relations of the Arctic, it also makes sense to separate three sets of political dynamics: regional (intra-Arctic) relations, global relations with an Arctic impact or relevance or both, and subregional security relations. Examining security relations as a subset of Arctic International Relations makes it particularly apparent that these primarily revolve around the Barents Sea or North Atlantic maritime domain and the Bering Sea or North Pacific maritime domain, linking to, but not encompassing all of, the Arctic.
