| ID | 178492 |
| Title Proper | Why we should see international law as a structure |
| Other Title Information | Unpicking international law’s ontology and agency |
| Language | ENG |
| Author | Sinclair, Adriana |
| Summary / Abstract (Note) | This article identifies how three dominant ideas of international law (as a process, an institution and a practice) see its agency, concluding that all three share a reluctance to see international law as doing anything more than enabling the operation of other actors, forces or structures. This article argues that we should see international law as a structure because it possesses both the surface structure of rules, principles, processes, personnel and material elements of the international legal system and a deep structure of values that sits deep within our subconscious. As Shklar’s idea of legalism shows us, legalism plays a powerful role in shaping all our understandings of ourselves and the world that surrounds us. Seeing international law as a structure enables us to see how it locates actors within a social hierarchy and how it behaves in similar ways to recognised structures like capitalism and racism. |
| `In' analytical Note | International Relations Vol. 35, No.2; Jun 2021: p.216-235 |
| Journal Source | International Relations Vol: 35 No 2 |
| Key Words | Agency ; Structure ; Legalism ; International Law ; Law As an Actor ; Law’s Agency |