Refine
Document Type
- Part of a Book (2)
- Working Paper (1)
Language
- English (3) (remove)
Is part of the Bibliography
- yes (3)
Keywords
- value change (2)
- challenges for international law (1)
- contestation (1)
- crisis (1)
- drivers for change (1)
- interdisciplinarity (1)
- international legal order (1)
- legal change (1)
- metamorphosis of international law (1)
- norm change (1)
Institute
- Fachgruppe Politik- & Verwaltungswissenschaft (3) (remove)
Conclusion
(2023)
Based on the previous findings in this book, Chapter 18 by Heike Krieger and Andrea Liese discusses the general dynamics of change or metamorphosis in the international legal order. They discern a mixed picture of an international order between metamorphosis—that is, a more fundamental transformation—of international law, norm change, turbulences, and robustness. They explain drivers of change and highlight factors such as national interests during the war on terror, changing long-term foreign policy beliefs, and the rise in populism and autocracy, before discussing the most common strategies the actors involved use. Other relevant factors include changes in the political environment, such as shocks and power shifts or the ambiguous role of fragmentation. Moreover, they identify factors that make legal norms robust, including the vital role of norm defenders and legal and institutional structures as stabilizing elements. Krieger and Liese conclude by cautioning that if the attacks on the international order continue at the current frequency and magnitude, a metamorphosis of international law will likely be unstoppable.
Introduction
(2023)
Can a metamorphosis of international law be identified while it is still underway? In Chapter 1, the Introduction, Krieger and Liese set the stage for the interdisciplinary assessment of the effects of the current crisis of the international legal order. They offer fundamental common values as a reference point and yardstick to systematically evaluate and analyse normative changes in international law. After explaining the benefits of interdisciplinary exchange and clarifying the basic concepts from the respective disciplinary perspectives, they develop the book’s conceptual framework for assessing and explaining value change in the international legal order. The Introduction also elaborates on the book’s research design and case selection and summarizes the aims and key contributions of each conceptual and empirical chapter.
The paper aims to lay out a framework for evaluating value shifts in the international legal order for the purposes of a forthcoming book. In view of current contestations it asks whether we are observing yet another period of norm change (Wandel) or even a more fundamental transformation of international law – a metamorphosis (Verwandlung). For this purpose it suggests to look into the mechanisms of how norms change from the perspective of legal and political science and also to approximate a reference point where change turns into metamorphosis. It submits that such a point may be reached where specific legally protected values are indeed changing (change of legal values) or where the very idea of protecting certain values through law is renounced (delegalizing of values). The paper discusses the benefits of such an interdisciplinary exchange and tries to identify differences and commonalities among both disciplinary perspectives.