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International Law in and with International Politics: The Functions of International Law in International Society

Authors: O. Yasuaki;

International Law in and with International Politics: The Functions of International Law in International Society

Abstract

International law has conducted and still conducts distinctive societal functions based on the general understandings and perceptions of law. In this article, I first quickly glance at two disciplines, international law and international relations, and see how they have developed as separate disciplines, scarcely learning from each other until recently. In the second section, I deal with the longstanding debates on the binding force of and compliance with international law from a functional perspective. In the third section, I seek to demonstrate that although bindingness is the primary function of international law, the raison d'etre of international law must be explained by means of more comprehensive perspectives. In the final section, I indicate functions other than the binding one, and seek to elucidate how they carry out important societal functions which non-legal norms, such as ethics, morality and religion, as well as policies or politics, cannot fulfil. In this way, I seek to explore the raison d'etre of international law in terms of its societal functions, in comparison with those of international politics (or policies) and international ethics (or morality), by analysing four functions of international law: binding, communicative, value-declaratory, and justifying and legitimating.

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    28
    popularity
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    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
28
Top 10%
Top 10%
Average
Fields of Science
Fields of Science
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