CONSTRUCTING AN INTERNATIONAL COMMUNITY

• 成果类型: Article
• 署名作者: Hakimi, Monica
• 署名单位: University of Michigan System; University of Michigan
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2017.22
• 发表日期: 2017
• 页码: 317-356
• 关键词: HUMAN-RIGHTS; jus-cogens; epistemic communities; normative hierarchy; TRADE; WORLD; legitimacy; LAW; WTO; CONSTITUTION

摘要

What unites states and other global actors around a shared governance project? How does the wgroup-what I will call an international community-coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members' commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined integration and discord that actually characterize most global governance associations. I argue that conflict, especially conflict that manifests in law, is not necessarily corrosive to an international community. To the contrary, it often is a unifying force that helps constitute and fortify the community and support the governance project. As such, international legal conflict can have systemic value for the global order, even when it lacks substantive resolution. The implications for the design and practice of international law are far-reaching.