International law in the minds: On the ideational basis of the making, the changing, and the unmaking of international law

Abstract Usual accounts of international law-making and international legal change focus on formal secondary rules. Others include societal and institutional facts. But international law consists of ideas too. Arguably it exists only in minds. To be sure then, the conditions of ideational change codetermine when and how international law is made, unmade, and otherwise changes. This is what this article is after. It first draws a general sketch of international legal change (including its making and unmaking) to then zoom in on its ideational elements, with a narrower focus on market opportunities for ideas. These market opportunities, it is argued, are determined by: paradigm shifts, struggles between competing schools of thought, the formation of distinct epistemic subfields, the core individuals’ different capitals, and changes in beliefs.

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Publication Details

Journal
Leiden Journal of International Law
Published
2024-09-01
DOI
https://doi.org/10.1017/s0922156524000165
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00

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article

International law in the minds: On the ideational basis of the making, the changing, and the unmaking of international law

Thomas Schultz
Leiden Journal of International Law
International Law and Human Rights
article

International law in the minds: On the ideational basis of the making, the changing, and the unmaking of international law

Thomas Schultz
article en

Abstract

Abstract Usual accounts of international law-making and international legal change focus on formal secondary rules. Others include societal and institutional facts. But international law consists of ideas too. Arguably it exists only in minds. To be sure then, the conditions of ideational change codetermine when and how international law is made, unmade, and otherwise changes. This is what this article is after. It first draws a general sketch of international legal change (including its making and unmaking) to then zoom in on its ideational elements, with a narrower focus on market opportunities for ideas. These market opportunities, it is argued, are determined by: paradigm shifts, struggles between competing schools of thought, the formation of distinct epistemic subfields, the core individuals’ different capitals, and changes in beliefs.

Leiden Journal of International LawVol. 37(3)
University of Geneva (CH)
National Science Foundation, Schweizerischer Nationalfonds zur Förderung der Wissenschaftlichen Forschung
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
International Law and Human Rights
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