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Lawyering Compliance with International Law: Legal Advisors and the Legalization of International Politics

Nuñez-Mietz, Fernando Gabriel
http://rave.ohiolink.edu/etdc/view?acc_num=osu1370528559

Abstract Details

2013, Doctor of Philosophy, Ohio State University, Political Science.
Why do states comply with international law? Most answers to this question have not taken due notice of relatively recent transformations in both the international system and its units (i.e. sovereign states). The legalization of interstate relations reflects the discursive hegemony of international law and, consequently, the juridification of international legitimacy. Within the state, foreign-policy making has lawyerized, as legal advising has been (to varying degrees) institutionalized as a prominent function within the decision-making process. In states with highly lawyerized foreign-policy machineries, legal advisors have become the internal agents of compliance with international law. As lawyerization diffuses worldwide, this mechanism of compliance has the potential of providing the primary source of the effectiveness of international law under anarchy. This dissertation elaborates an organizational theory of compliance based on lawyerization, understood as the structural empowerment of legal advisors in decision making. The theory is empirically applied in the realm of international security. The explanatory potential of the theory is confirmed through the use of process tracing in the cases of NATO’s intervention in Kosovo in 1999 and the U.S. detention and interrogation programs during the first decade of the “War on Terror” (2001-2011).
Alexander Wendt (Advisor)
Randall Schweller (Committee Member)
Alexander Thompson (Committee Member)
315 p.
Armed Forces; International Law; International Relations; Political Science
compliance; effectiveness; legal advising; legalization; lawyerization; Kosovo; War on Terrorism; legal advisors

Recommended Citations

Citations

  • Nuñez-Mietz, F. G. (2013). Lawyering Compliance with International Law: Legal Advisors and the Legalization of International Politics [Doctoral dissertation, Ohio State University]. OhioLINK Electronic Theses and Dissertations Center. http://rave.ohiolink.edu/etdc/view?acc_num=osu1370528559

    APA Style (7th edition)

  • Nuñez-Mietz, Fernando. Lawyering Compliance with International Law: Legal Advisors and the Legalization of International Politics. 2013. Ohio State University, Doctoral dissertation. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=osu1370528559.

    MLA Style (8th edition)

  • Nuñez-Mietz, Fernando. "Lawyering Compliance with International Law: Legal Advisors and the Legalization of International Politics." Doctoral dissertation, Ohio State University, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=osu1370528559

    Chicago Manual of Style (17th edition)

osu1370528559
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© 2013, all rights reserved.
This open access ETD is published by The Ohio State University and OhioLINK.