Cohen: The International Order, International Law, and the Definition of Security

Harlan Grant Cohen (Fordham Univ. - Law) has posted The International Order, International Law, and the Definition of Security (Michigan Journal of International Law, forthcoming). Here's the abstract:

As economic security has seemingly moved to the center of American and European foreign policy, both the United States and the European Union have broadened their interpretation of international law rules governing security, coercion, and intervention. But these interpretations are not exactly new, echoing developing state interpretations of international law that developed states had long ago seemingly rejected. How are these once moribund interpretations of security, force, and coercion being brought back to life?

This essay argues that these interpretative shifts highlight the role of the international order as an interpretative mechanism within international law. Borrowing from the work of Robert Cover, it explains the ways that the international order acts as a jurispathic agent within the system, judging which interpretations live on and which are cast aside. As global power shifts, the international order shifts with it, potentially reopening interpretative fights over international law. Today’s fights over the meaning of security, force, and coercion thus reflect both the realities of a changing order and the battle to shape the one to come.