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Carmela Lutmar and Cristiane L. Carneiro
States’ compliance with international law is a multicausal event, with variables operating at various levels of analysis, such as states’ incentives, regime type, issue area, strategic considerations, psychological perceptions, and level of enforcement. Recent scholarship on compliance with international law in general, and with international agreements in particular, has made great progress in uncovering some of the links between these factors, and in determining under what conditions we are more likely to see greater compliance, in what issue areas, and in explaining these variations.
Patrick M. Morgan
Deterrence is an old practice, readily defined and described, widely employed but unevenly effective and of questionable reliability. Elevated to prominence after World War II and the arrival of nuclear weapons, deterrence became the central recourse for sustaining international and internal security and stability among and within states in an era of serious conflict. With regard to the presence of nuclear weapons in particular but also to deal with non-nuclear violent conflict, deterrence has been employed to prevent (or at least limit) the destruction of states, societies, and ultimately humanity. The greatest success has been that no nuclear weapons have been used for destructive purposes since the end of World War II in 1945. Deterrence has been widely used below the nuclear level but with very uneven results.
Deterrence has been intensively studied and tested as to its use in terms of strategy in international relations, the maintenance of stability in international relations, the conduct of violence and warfare in both international and domestic contexts, and in political affairs. Since deterrence is the use of threats to block or reduce the inflicting of serious harm, the existence of capacities for inflicting harm are readily maintained and periodically applied, so available deterrence capabilities provide a degree of continuing concern and a regular desire to at least do away with nuclear weapons and threats. A brief period in the ending of the Cold War saw a serious effort to reduce the reliance on deterrence, particularly nuclear deterrence, in international politics but it was soon replaced by serious movement in the opposite direction. Yet efforts to reduce the need for and use of deterrence continue.
Extensive efforts have been applied in the development of theories of deterrence, particularly to generate empirical theory in order to better understand and apply deterrence but without arriving at widely accepted results. This is the result of the considerable complexity of the subject, the activity involved, and the behavior of the practitioners.
The conduct of deterrence is now broader and deeper than before. It is under greater pressure due to technological, political, and cultural developments, and operates in a much more elaborate overall environment including space, cyberspace, and oceanic environs. Thus the goal of developing effective empirical theory on deterrence remains, at various levels, still incompletely attained. The same is true of mastering deterrence in practice. Nevertheless, deterrence remains important and fascinating.
Krista E. Wiegand
Despite the decline in interstate wars, there remain dozens of interstate disputes that could erupt into diplomatic crises and evolve into military escalation. By far the most difficult interstate dispute that exists are territorial disputes, followed by maritime and river boundary disputes. These disputes are not only costly for the states involved, but also potentially dangerous for states in the region and allies of disputant states who could become entrapped in armed conflicts. Fortunately, though many disputes remain unresolved and some disputes endure for decades or more than a century, many other disputes are peacefully resolved through conflict management tools.
Understanding the factors that influence conflict management—the means by which governments decide their foreign policy strategies relating to interstate disputes and civil conflicts—is critical to policy makers and scholars interested in the peaceful resolution of such disputes. Though conflict management of territorial and maritime disputes can include a spectrum of management tools, including use of force, most conflict management tools are peaceful, involving direct bilateral negotiations between the disputant states, non-binding third party mediation, or binding legal dispute resolution. Governments most often attempt the most direct dispute resolution method, which is bilateral negotiations, but often, such negotiations break down due to uncompromising positions of the disputing states, leading governments to turn to other resolution methods. There are pros and cons of each of the dispute resolution methods and certain factors will influence the decisions that governments make about the management of their territorial and maritime disputes. Overall, the peaceful resolution of territorial and maritime disputes is an important but complicated issue for states both directly involved and indirectly affected by the persistence of such disputes.
Thomas J. Volgy, Kelly Marie Gordell, Paul Bezerra, and Jon Patrick Rhamey, Jr.
Despite decades of scholarly attention to conflict and cooperation processes in international politics, rigorous, comparative, large-N analyses of these questions at the region level are difficult to find in the literature. Although this relative absence may stem in part from the difficulties related to the theoretical conceptualization or methodological operationalization of regions, it certainly is not for lack of interesting variation in terms of conflict and cooperation processes across regions. Between this variation and recent contributions toward a dynamic identification of regions, comparative analysis of conflict and cooperation outcomes at the region level are primed for exploration and increasingly salient as recent political elections in the United States (Trump election) and the United Kingdom (Brexit) have demonstrated a willingness on the part of policymakers to scale back efforts toward global interdependence.
Turning attention to a region level unit of analysis, however, does not require abandoning decades of scholarship at the state or dyad levels. Indeed, much of this work may be viewed as informing or complementary to comparative regional analyses. In particular, regional propensity for cooperation or conflict is likely to be conditioned by a number of prominent explanations of these phenomena at state and dyad levels, which may usefully be conceived in their regional aggregates as so-called regional fault lines or baseline conditions. These include the presence of major and/or regional powers, interstate rivalries, unresolved territorial claims, civil wars, regime similarity, trade relationships, and common membership in intergovernmental organizations.
Of these baseline conditions, the impact of major and regional powers on regional patterns of cooperation and conflict is notable for both its theoretical and practical implications. Power transition theory, hegemonic stability theory, hierarchical theory, and long cycle theory all suggest major—and to a lesser extent regional—powers will seek to establish order within areas under their influence; alternatively, the overwhelming capabilities these states bring to a region arguably act as a deterrent inhibiting conflict. Empirical analysis reveals—irrespective of the causal mechanism at hand—regions characterized by the presence of a major or regional power experience less conflict. Moving forward, future research should work to test the two plausible causal mechanisms for this finding—order building versus deterrence—to determine the true nature of hierarchy’s pacifying influence.
Bryan W. Marshall
The U.S. Congress has broad constitutional powers to shape foreign policy. However, Congress rarely shapes foreign policy as an equal partner with the president. Politics has the potential to enhance or lessen Congress’s role. What explains changes over time in congressional power in foreign policy? Why does Congress assert itself on some issues but less so on others in U.S. foreign policy? What strategies or tools does Congress employ to shape the nation’s foreign policy? The lens of New Institutionalism, two presidencies, and presidential unilateralism connect in useful ways to help explain these kinds of key questions in foreign policy. They offer scholars a future framework to continue to enhance theories explaining variation in congressional assertiveness in foreign policy.
The study of constitutionalism often begins with the question of what a constitution is. Sometimes the term refers to a single legal document with that name, but the term “constitution” may also refer to something unwritten, such as important political traditions or established customs. As a result, scholars sometimes distinguish between the “Big-C” constitution, that is, the constitutional document, and the “small-c” constitution, the set of unwritten practices and understandings that structure political life.
Constitutionalism is typically associated with documents and practices that restrict the arbitrary exercise of power. Most constitutions contain guarantees of rights and outline the structures of government. Constitutions are often enforced in court, but nonjudicial actors, like legislatures or popular movements, may also enforce constitutional provisions.
The relationship between democracy and constitutionalism is not at all straightforward, and it has received an enormous amount of scholarly attention. Constitutionalism seems to both undergird and restrain democracy. On the one hand, constitutions establish the institutions that allow for self-government. On the other, they are often said to restrict majoritarian decision-making.
Related to this question of the relationship between constitutionalism and democracy are questions about how constitutions change and how they ought to change. Can written constitutions change without changes to the text, and can judges bring about these changes? Do extratextual changes threaten or promote democracy?
Finally, not only do individual constitutions change, but the practice of writing constitutions and governing with them has also changed over time. In general, constitutions have grown more specific and flexible over time, arguably, allowing for a different kind of constitutional politics.
Research on constitutional law has come in different waves mirroring the development of states in recent decades. While the decolonization period of the 1960s still kept the old ties of constitutional “families,” comparison based on such ties has become ever less persuasive since the 1980s wave of constitution making following the fall of the Berlin Wall. Research about de facto and de jure constitutional law now tends to embrace institutional details like judicial review powers and procedures of direct democracy. The field of comparative constitutional law is controversial both in methods and substance. It still lacks a consistent framework of comparative tools and is criticized as illegitimate by scholars who insist on the interpretive autonomy within each constitutional system.
Research in the area of fundamental rights has to deal with long-lasting controversies like the constitutionality of the death penalty. Bioethical regulation is another new field where constitutional positions tend to diverge rather than converge. Embryonic stem cell research, therapeutic cloning, pre-implantation genetic diagnosis, and surrogate motherhood are examples from biotechnology and reproductive medicine where constitutional scholars disagree about what, if anything, constitutional law can contribute to provide a basis or limit for regulation. With the worldwide rise of constitutional courts and judicial review, the standards for the interpretation of fundamental rights become more important. Legal scholarship has worked out the differences between the rule-oriented approach associated with Anglo-American legal systems versus the principle-based approach common to continental Europe.
Gabriel L. Negretto
Constitution-making has been a central political activity in the modern era. Enacting a new constitution was an essential ingredient in the foundation of republics, the creation of new states, the inauguration of democratic regimes, and the reequilibration of democracies during or after a political crisis. Constitution writing has also become a crucial part of the process of overcoming a legacy of violent internal conflict and a component of authoritarian regimes that seek to gain legitimacy by emulating the formalities of representative democracies. This article surveys the most important concepts and issues related to the comparative analysis of constitution-making. Although it draws examples from constitutions made in a wide variety of settings, special attention is paid to constitutional texts adopted or implemented under competitive conditions.
William R. Thompson
Unlike many topics in international relations, a large number of models characterize interstate rivalry termination processes. But many of these models tend to focus on different parts of the rivalry termination puzzle. It is possible, however, to create a general model built around a core of shocks, expectation changes, reciprocity, and reinforcement. Twenty additional elements can be linked as alternative forms of catalysts/shocks and perceptual shifts or as facilitators of the core processes. All 24 constituent elements can be encompassed by the general model, which allows for a fair amount of flexibility in delineating alternative pathways to rivalry de-escalation and termination at different times and in different places. The utility of the unified model is then applied in an illustrative fashion to the Anglo-American rivalry, which ended early in the 20th century.
Constructivism in the social sciences has known several ups and downs over the last decades. It was rather early successful in sociology but hotly contested in international relations. Oddly enough, just at the moments it made important inroads into the research agenda and also became accepted by the mainstream, the enthusiasm for it waned, and many constructivists—as did mainstream scholars—moved from the concerns of “grand theory” or even “meta-theory” toward “normal science,” or experimented with other (eclectic) approaches, of which the “turn to practice” is perhaps the latest manifestation.
In a way, constructivism was “successful” on the one hand by introducing norms, norm-dynamics, and diffusion; the role of new actors in world politics; and the changing role of institutions into the debates, while losing, on the other hand, much of its critical potential. The latter survived only on the fringes—and in Europe more than in the United States. The Copenhagen school, building on the speech act theory, engendered at least a principled discussion of security studies, even if its use of speech acts was too simplistic.
In the United States constructivism soon became “mainstreamed” by having its analysis of norms reduced to “variable research.” Similarly, while the “life cycle of norms” apparently inevitably led to norm cascades and “boomerangs,” “norm death,” strangely enough, never made the research agenda, despite the obvious empirical evidence (preventive strikes, unlawful combatants, drone strikes, extrajudicial killings etc.).
The elective affinity of constructivism and humanitarianism seemed to have transformed the former into the enlightenment project of “progress,” where a hidden (or not so hidden) teleology of history à la Kant tends to overwhelm the analysis and thus prevents a serious conceptual engagement with both law and (inter-) national politics. This bowdlerization of constructivism is further buttressed by the fact that none of the “leading” U.S. departments has a constructivist on board, ensuring thereby the narrowness of conceptual and methodological choices to which the future “professionals” are exposed. The engagement with concepts and language, which “first generation” constructivists introduced, is displaced again by “ideal theory” (both in terms of deductive reasoning based on “unrealistic” assumptions and in the “clarification” of abstract principles à la Rawls), or by the search for “algorithms” hidden in “big data.”