Anarchy Essay Research Paper Anarchy is seen

Anarchy Essay, Research Paper

Anarchy is seen as one end of the spectrum whose other end is marked by the

presence of a legitimate and competent government. International politics is

described as being spotted with pieces of government and bound with elements of

community. Traditionally, international-political systems are thought of as

being more or less anarchic. Anarchy is taken to mean not just the absence of

government but also the presence of disorder and chaos. Although far from

peaceful, international politics falls short of unrelieved chaos, and while not

formally organized, it is not entirely without institutions and orderly

procedures. Although it is misleading to label modern international politics as

anarchic, the absence of a universal international law prohibits well-regulated

behavior. But, international regulation is not completely absent from world

politics. With the end of the Cold War, the ground seems ready for an

acceleration of this century?s trend in increasing international regulation of

more issues once typically seen as part of state domestic jurisdiction. But as

international law embraces new actors and a growing range of forms, topics, and

technologies, and as it moves further away from strictly "foreign"

concerns to traditionally domestic areas, its proponents must increasingly

confront new obstacles head-on. Traditionally, most rules of international law

could be found in one of two places: treaties or customary law (uncodified, but

equally binding rules based on long-standing behavior). But as new domains from

the environment to the Internet come to be seen as appropriate for international

regulation, states are sometimes reluctant to embrace any sort of binding rule.

Today all but the most doctrinaire of scholars see a role for so-called soft

law-precepts emanating from international bodies that conform in some sense to

expectations of required behavior but that are not binding on states (the World

Bank?s Guidelines on the Treatment of Foreign Direct Investment, for example).

Soft law principles also represent a starting point for new hard law, which

attaches a penalty to noncompliance. Whether in the case of hard or soft law,

new participants are making increased demands for representation in

international bodies, conferences, and other legal groupings and processes. They

include both recognized and unrecognized substate entities (Hong Kong and Tibet,

for example); nongovernmental organizations; and corporations. Scholars accept

that these other actors have independent views that do not fit neatly into

traditional theories of how law is made and enforced. Most states comply with

much, even most, international law. But without a mechanism to bring

transgressors into line, international law is "law" in name only. The

traditional toolbox to secure compliance with the law of nations consist of

negotiations, mediation, countermeasures, or, in rare cases, recourse to

supranational judicial bodies such as the International Court of Justice. For

many years, these tools have been supplemented by the work of international

institutions, whose reports and resolutions often help "mobilize

shame" against violators. But today, states, NGO?s, and private entities

have striven for sanctions. And the UN?s ad hoc criminal tribunals for the

former Yugoslavia and Rwanda show that it is at least possible to devise

institutions to punish individuals for human rights atrocities. Nonetheless, the

success of these enforcement mechanisms depends on the willingness of states to

support them. When global institutions do not work, regional bodies may offer

more influence over member conduct in economics, human rights, and other areas.

In addition, domestic courts increasingly provide an additional venue to enforce

international law. Even with a defined international law and a ?world

government? to enforce it, cooperation in general, in international politics,

is troubled. Research on international regimes moved from attempts to describe

the phenomena of interdependence and international regimes to closer analysis of

the conditions under which countries cooperate. How does cooperation occur among

sovereign states and how do international institutions affect it? Indeed, why

should international institutions exist at all in a world dominated by sovereign

states? This question seemed unanswerable if institutions were seen as opposed

to or above, the state but not if they were viewed as devices to help states

accomplish their objectives. The new school of thought argued that, rather than

imposing themselves on states, international institutions should respond to the

demand by states for cooperative ways to fulfill their own purposes. By reducing

uncertainty and the costs of making and enforcing agreements, international

institutions help states ach

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