Orakhelashvili, Alexander --- "International Law, International Politics and Ideology" [2011] ELECD 580; in Orakhelashvili, Alexander (ed), "Research Handbook on the Theory and History of International Law" (Edward Elgar Publishing, 2011)

Book Title: Research Handbook on the Theory and History of International Law

Editor(s): Orakhelashvili, Alexander

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848443549

Section: Chapter 11

Section Title: International Law, International Politics and Ideology

Author(s): Orakhelashvili, Alexander

Number of pages: 49

Extract:

11 International law, international politics and
ideology
Alexander Orakhelashvili


11.1 INTRODUCTION

The interaction between legal and political arguments is based on the premise that while
international legal science draws its data from the rules agreed upon by and binding
on States, international relations theory has no such point of reference. This chapter is
aimed both at taking stock of doctrinal approaches, and their reappraisal with a view to
streamlining the argument on how the relationship between legal and political factors
should be understood. This aim requires adopting an interdisciplinary focus, especially
as the theory of international relations is (sub)consciously premised on the structural and
sociological foundations of international law. The inter-disciplinary analysis in terms
of mapping the joint discipline and constructing joint research agenda is legitimate and
useful.1
The purpose of interdisciplinary analysis is to evaluate the working of the legal system
and critically assess its merits. Social and political scientists are supposed to examine how
crucial international law is for the existence of international society, how it may shape
and transform this society, and how it influences the conduct of States. International
relations theory does with international law what sociological and critical methods of
legal science do in relation to the study of national legal systems. International relations
theory has indeed developed `instrumentalist' and `normative' optics, the former alleg-
edly underestimating the impact of shared norms on State behaviour, being challenged
by the latter. The fundamental question theories pose is whether States care for reputa-
...