From Drivers to Bystanders: The Varying Roles of States in International Legal Change

20 Pages Posted: 8 Jun 2023

See all articles by Nico Krisch

Nico Krisch

Graduate Institute of International and Development Studies; Institut Barcelona d'Estudis Internacionals - IBEI

Ezgi Yildiz

California State University

Date Written: May 23, 2023

Abstract

When it comes to change processes in international law, states are typically thought to be in the centre, but in many instances, we can actually observe them playing different, more secondary roles. With this paper, we aim to conceptualize and understand the varying roles states occupy. Drawing on insights from inquiries in international law and international relations, it sets out a typology of different roles states play in international legal change processes — from drivers and blockers to catalysts, spoilers, and mere bystanders — and connects these ideal types with empirical evidence from actual cases of change. It also develops a framework for understanding when states occupy different roles, with a particular focus on states’ collective action (in)capacity and the existence of alternative authority to that of states. Overall, the paper presents building blocks of a more realistic, empirically-guided account of international law, its dynamism, and the degree of statism at its core.

Keywords: International Law, legal change, theory, interdisciplinary approaches, International Relations, Historical Institutionalism, human rights, international humanitarian law, trade law

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JEL Classification: K00, K33, K39

Suggested Citation

Krisch, Nico and Yildiz, Ezgi, From Drivers to Bystanders: The Varying Roles of States in International Legal Change (May 23, 2023). Available at SSRN: https://ssrn.com/abstract=4456773 or http://dx.doi.org/10.2139/ssrn.4456773

Nico Krisch

Graduate Institute of International and Development Studies ( email )

PO Box 136
Geneva, CH-1211
Switzerland

HOME PAGE: http://nicokrisch.net

Institut Barcelona d'Estudis Internacionals - IBEI ( email )

Ramon Trias Fargas 25-27
Barcelona, Barcelona 08005
Spain

Ezgi Yildiz (Contact Author)

California State University ( email )

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