Krisch & Yildiz: From Drivers to Bystanders: The Varying Roles of States in International Legal Change

Nico Krisch (Graduate Institute of International and Development Studies) & Ezgi Yildiz (California State Univ.) have posted From Drivers to Bystanders: The Varying Roles of States in International Legal Change. Here's the abstract:

When it comes to change processes in international law, states are typically thought to be in the centre, but in many instances, we can actually observe them playing different, more secondary roles. With this paper, we aim to conceptualize and understand the varying roles states occupy. Drawing on insights from inquiries in international law and international relations, it sets out a typology of different roles states play in international legal change processes — from drivers and blockers to catalysts, spoilers, and mere bystanders — and connects these ideal types with empirical evidence from actual cases of change. It also develops a framework for understanding when states occupy different roles, with a particular focus on states’ collective action (in)capacity and the existence of alternative authority to that of states. Overall, the paper presents building blocks of a more realistic, empirically-guided account of international law, its dynamism, and the degree of statism at its core.