Anarchy & Order: The Interplay of Politics and Law in by James C. Hsiung

By James C. Hsiung

This can be a examine of the political parameters of foreign legislations and, conversely, the law's relevance and achieve in foreign politics. on the theoretical point, it bridges the competing dominant paradigms - neorealism and neoliberalism - within the modern IR literature.

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3. The jus in bellum (law of war)-which historically had sought to reduce the savagery of war and to maintain a distinction between combat­ ants and noncombatants-suffered a more serious blow from the advent of nuclear weapons during the Cold War than from the injuries suffered during the two world wars following the introduction of modern technology into warfare. 4. Espionage and covert actions were conducted almost with impunity. ) 5. As between the two opposing blocs, the distinction between peace and w ar (each with its own legal regime) w a s rendered irrelevant.

However, international law is both broader and narrbwer in meaning than international regimes. For one thing, regimes are more functionally specific. Even in the issue area of environmental control, for example, there are variable institutional arrangements for whales and whaling, transboundary air pollution control, and the control of chemicals that deplete ozone in the atmosphere (Young 1 994, 44) . , human rights or outer space). In this sense, the two (regimes and particular international law) are almost coterminous.

Both superpowers were thus victims of a tragedy born of the security dilemma. In game theory language, the security dilemma is an epitome of the Prisoner 's Dilemma game (Rapoport and Chammah 1 965 , 33-50; Axelrod 1 970, 6�70), which can be described in a few words: A lack of communi­ cation and of mutual trust between two prisoners, kept separately without communication, conspires to make "defection" (to squeal first, in exchange for amnesty) their own optimal strategy. The game theory matrix for the Prisoner 's Dilemma is given below, with the numbers in the boxes being in the order of the actors ' preferences.

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