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Strategic interaction between the national impact of international law

Author: ZhaoWei
Tutor: WuXiMei
School: Zhengzhou University
Course: International Law
Keywords: State International Law International Strategic Interaction Development Principles of International Law
CLC: D99
Type: Master's thesis
Year: 2006
Downloads: 89
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Abstract


The present paper is intended to illustrate how International Strategic Interaction influences the formation, legitimization, and change of International Law(IL). It contends that change and stability of IL result from State Strategy and International Strategic Interaction, thus the change and continuity of IL is grounded in a reasonably determinable and predictive process of world politics.The paper consists of six parts: Introduction, Analysis on the present IL theories, Analysis on the rules of IL, Theory of International Strategic Interaction, Cases, Assessment and Conclusion. They are arranged in the general analysis framework of positivist theory.Part I introduces a dilemma about the theory and practice of IL by virtue of two noticeable international events and points out the necessity to make a further inquiry on IL theory. The basic schedule and framework of the paper is also stated in this part.Part II analyzes the present IL theory and points out a logic problem in relation to this. The present IL theory is somewhat a Tautology because it relies too much on the rules and practices themselves to explain IL causal factors. The theoretical uncertainty leads naturally to the present dilemma IL is now confronted with. It is necessary to find a new explanatory theory to deal with the present situation.Part III analyzes the rules of EL with the help of Hart’s Theory of Rules Analysis and makes clear IL secondary rules are somewhat defective. Therefore, the theories that try to analyze IL by virtue of the rules themselves are also grounded on an instable basis.Part IV assumes and illustrates a theory which grounds the formation, legitimization and change of IL on the basis of State Strategy and International Strategic Interaction. Firstly, the necessity and possibility of the theory is stated. Secondly, a descriptive definition is given to the theory and its content is also clearly confined to illustrate the change and stability of IL. Thirdly, the specific content of the theory is clarified. State Strategy contains much more than three Strategic

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