International Law and State Socialization: Conceptual, Empirical, and Normative Challenges
نویسندگان
چکیده
Debates about how best to design international legal regimes inadequately attend to the ways in which law influences state behavior. As a consequence of this deficiency, much of international law is founded upon the flawed, and often unexamined, assumption that effective legal regimes must either coerce or persuade target actors to comply with their requirements. In How to Influence States: Socialization and International Human Rights Law, we argue that (1) acculturation is a conceptually distinct social process through which law might influence state behavior; and (2) the elements of the acculturation process suggest several regime design characteristics unorthodox to human rights law. More generally, we maintain that the behavioral assumptions of international legal regimes must be more systematically theorized and investigated. Proper specification of the social mechanisms of law’s influence, we argue, would facilitate the development of an integrated theory of regime design—one that accounts for the various social mechanisms, specifies the conditions under which they predominate, and identifies the regime design features that best harness these forces. In thoughtful and probing reply essays, Dean Harold Hongju Koh and Professor José Alvarez raise several important questions
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