International Law in the 21st Century

Dear Readers,

International affairs analysts find it difficult to discern the significance of international law. Liberal ‘idealists’ tend towards naivety, often viewing international law as an infallible standard on the road to a new world order. Hard-nosed foreign policy practitioners and so-called ‘realists’, on the other hand, tend to deride it as being irrelevant. For them, the term ‘law’ itself is an inapplicable label. If not completely dismissive, this camp generally views international law as a veneer of cooperation in a world game dominated by struggles of state power, strategy and zero-sum competition. The result of both positions, however, is a failure to grapple with the complexity of international law.

A more nuanced approach would have to admit that international law is deeply embedded in both political and normative concerns; that it is central to how we think about and articulate major processes and events in international life. Analysis of the impact of international law must therefore consider how it subtly shifts attitudes, makes some actions unthinkable and increases the costs for actors who violate its principles. The theme articles in this edition make some inroads in thinking through the issues, institutions, effects and future direction of laws that transcend borders.

I am also pleased to welcome to our Board of Advisers two distinguished analysts of world politics. Owen Harries is a Visiting Fellow of the Lowy Institute for International Policy, Senior Fellow at the Centre for Independent Studies (CIS) and was the founding Editor-in-Chief of the Washington-based foreign policy journal, The National Interest, from 1985-2001. Linda Weiss is Professor in Government and International Relations at the University of Sydney and a Fellow of the Academy of Social Sciences in Australia. She is a leading academic writer on globalisation issues. Both are extremely welcome additions to our Board.

Vafa Ghazavi

Former Editor-in-Chief (2007-2008)