International law and international relations: Collaboration and tension
Titel:
International law and international relations: Collaboration and tension
Auteur:
Falk, Richard
Verschenen in:
Cambridge review of international affairs
Paginering:
Jaargang 12 (1999) nr. 2 pagina's 14-25
Jaar:
1999
Inhoud:
This essay analyses the unstable relationship between the dominant juris-prudential approach taken by international law (IL) with respect to war as an instrument of policy, and clarifies a series of unsatisfactory efforts either to bring law to bear on war or, as an alternative, exempt war from legal accountability. The essay goes on to discuss these contradictory pressures on the core relationship between law and war, and indicates why there is no viable solution given the statist character of world order. It discusses the response of International Relations (IR) to the same challenge, and indicates why from the perspective of human well being it, too, seems quite unacceptable. The final section argues that 'the cure' cannot be found within the present framework of world order, making the endeavors of both IL and IR subject to frustration, which grows particularly acute if the risks of large-scale war or appeasement seem high.
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