Constitutive theory is a philosophical analysis of the logical interconnections between actors, their actions, and the social practices within which they perform these. It draws on insights from the later work of Ludwig Wittgenstein, as developed and extended by Peter Winch and John Searle. It highlights that actors and their actions can only be understood from within the practices in which they are constituted as actors of a certain kind, who have available to them a specific repertoire of meaningful action. It stresses that the interpretation of their actions involves: understanding the language internal to the practices in which they take place; understanding the rule-boundness of that language; the meaning of its terms; a holist perspective on the practice; and, crucially, an understanding of the ethics embedded in it. It briefly explores the implications of such a philosophical analysis for those seeking to understand the actors and their interactions in global practices. It highlights how international actors (both states and individuals) are constituted as international actors in two major international practices, the practice of sovereign states and the global rights practice. It indicates the guidance constitutive theory might provide for all who would better understand international affairs.
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Constitutive Theory in International Relations
Mervyn Frost
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Normative Debates and Policy Responses in Climate Change Politics
Loren R. Cass
Climate change politics refers to attempts to define climate change as a physical phenomenon as well as to delineate current and predict future effects on the environment and broader implications for human affairs as a foundation for political action. Defining the causes, scale, time frame, and consequences of climate change is critical to determining the political response. Given the high stakes involved in both the consequences of climate change and the distributive implications of policies to address climate change, climate change politics has been and remains highly contentious both within countries and across countries.
Climate politics presents difficulties for study given its interdisciplinary nature and the scientific complexities involved in climate change. The international relations literature surrounding climate politics has also evolved and grown substantially since the mid-2000s. Efforts to address the consequences of climate change have evoked controversial ethical and distributive justice questions that have produced an important normative literature. These debates increasingly inform the ongoing negotiations surrounding responsibility for the problem of climate change and the policies required to address climate change. There is also a larger debate regarding the complex linkages between climate change and broader ecological as well as economic and political consequences of both the effects of climate change and policies designed to reduce greenhouse gas emissions or remove them from the atmosphere. As we enter the 2020s, a new debate has emerged related to the implications of the posited transition to the Anthropocene Epoch and the future of climate politics. Normative and policy debates surrounding climate change politics remain contentious without a clear path to meaningful political action.
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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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Public Diplomacy
Nancy Snow
Public diplomacy is a subfield of political science and international relations that involves study of the process and practice by which nation-states and other international actors engage global publics to serve their interests. It developed during the Cold War as an outgrowth of the rise of mass media and public opinion drivers in foreign policy management. The United States, in a bipolar ideological struggle with the Soviet Union, recognized that gaining public support for policy goals among foreign populations worked better at times through direct engagement than traditional, often closed-door, government-to-government contact. Public diplomacy is still not a defined academic field with an underlying theory, although its proximity to the originator of soft power, Joseph Nye, places it closer to the neoliberal school that emphasizes multilateral pluralistic approaches in international relations. The term is a normative replacement for the more pejorative-laden propaganda, centralizes the role of the civilian in international relations to elevate public engagement above the level of manipulation associated with government or corporate propaganda. Building mutual understanding among the actors involved is the value commonly associated with public diplomacy outcomes of an exchange or cultural nature, along with information activities that prioritize the foreign policy goals and national interests of a particular state. In the mid-20th century, public diplomacy’s emphasis was less scholarly and more practical—to influence foreign opinion in competition with nation-state rivals. In the post-Cold War period, the United States in particular pursued market democracy expansion in the newly industrializing countries of the East. Soft power, the negative and positive attraction that flows from an international actor’s culture and behavior, became the favored term associated with public diplomacy. After 9/11, messaging and making a case for one’s agenda to win the hearts and minds of a Muslim-majority public became predominant against the backdrop of a U.S.-led global war on terrorism and two active interventions in Afghanistan and Iraq. Public diplomacy was utilized in one-way communication campaigns such as the Shared Values Initiative of the U.S. Department of State, which backfired when its target-country audiences rejected the embedded messages as self-serving propaganda. In the 21st century, global civil society and its enemies are on the level of any diplomat or culture minister in matters of public diplomacy. Narrative competition in a digital and networked era is much deeper, broader, and adversarial while the mainstream news media, which formerly set how and what we think about, no longer holds dominance over national and international narratives. Interstate competition has shifted to competition from nonstate actors who use social media as a form of information and influence warfare in international relations. As disparate scholars and practitioners continue to acknowledge public diplomacy approaches, the research agenda will remain case-driven, corporate-centric (with the infusion of public relations), less theoretical, and more global than its Anglo-American roots.
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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.
