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法学论文 > 国际法论文 Papers > Law Papers > International Law Papers

A New Liberal Theoretical Approach to International Law Studies

编辑: 毕业论文 Release time: 2016-08-19 Editor: Graduation Thesis

Since the 1980s, under the background of the rapid development of globalization, the neo-liberal school in the study of western international relations. A critique of realism in the international political and economic arena, and by focusing on the role of transnational actors, a loose paradigm of "world politics" has been proposed. The focus of neo-liberalism on non-state actors has pointed a broader path for the study of international law.

I. Neoliberalism in the study of international relations

In the 1970s, East and West politically moved to more complex power combinations. As Sino-US relations get closer and closer, a more complex situation of confrontation and contact is forming between the United States and the Soviet Union. Economically, the Bretton Woods system collapsed, the strength of the United States weakened, and the economies of Japan and Western Europe rose. The Middle East oil war made the West aware of the sensitivity and fragility of the power of weak countries and international relations. In this historical context, 19ism has regained its head, pointing directly at political realism.

The most representative of modern international relations theory is political realism. Ever since Hans Morgenthau's "Inter-State Politics" in 1948 laid the foundation for post-war Western realism, realism has defeated idealism and became the dominant paradigm of Western international relations theory. By the 1970s, with the development of international politics, more and more phenomena could not be explained by realism. As a result, various ideological trends have arisen. The real emergence of neoliberalism was marked by the publication of the book "Power and Interdependence" in 1977 by Robert Keohane and Joseph Nai Jr.

In a sense. Neo-liberalism and neo-realism are the most special pair in international relations theory. Neo-realism is the inheritance and development of Morgenthau's political realism, and neo-liberalism grows along with the debate with neo-realism. Therefore, to understand neoliberalism. Need to understand neorealism first.

The three basic propositions of neorealism are that the international community is in anarchy, the main actors in international relations are states, and states are 19 private actors, and the national interest is the highest criterion. Although neo-liberalism is in favor of this assertion, it does not recognize that anarchy can lead to disorderly society. It is believed that the international cooperation promoted by the system will promote the standardization process of international relations. Relieve the pressure of anarchy. Neoliberalism analyzes the international system in detail. It is believed that it includes three forms, namely, international organization, international mechanism, and international practice, and has three characteristics: authority, restriction, and relevance. These characteristics of the international system make it have a horizontal effect and a network effect, which can solve the dilemma of cooperation and ensure effective cooperation. A single, rational country needs the international order to obtain the greatest benefits at the least cost. What economists call "economic men" cooperate because of comparative advantage. Interactions between selfish actors are not necessarily just conflicts. Neoliberalism uses game theory as an analytical tool and concludes that the essence of the state is cooperation, but not cooperation in a harmonious state, but cooperation in an anarchy. In contrast, neorealism believes that the scarcity of security under anarchy will inevitably lead to national concerns about survival, and that the security dilemma will not undergo fundamental changes due to changes in systems and other processes in the process of interaction.

Neo-liberalism and neo-realism also have different interpretations of the relationship between power and institutions. From the perspective of neorealism, power is the most important independent variable of international politics, and the system is just a derivative of power and leaves power. The creation, maintenance and role of the system can only be talked about.

Neoliberalism emphasizes the system as an independent variable, and considers it to play a role no less than power. Therefore, Kiohan pointed out that even after hegemony, the system can still play an important role in maintaining the international order.

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