A Typological Analysis of International Society Theory and the Variability of International Law
The academic community has yet to establish a unified research framework for the theory of the variability of international law in different fields.By drawing on the British school's evolution theory of international society and introducing the typological concepts of coexistence international law(including constitutional international law),cooperative international law and community international law,an interdisciplinary analytical framework of international law and international relations can be built to address the gaps in foundational theoretical research in international law.First of all,the essence of the analytical framework is that,in"what"dimension,the above three types of international law can be characterized by the concepts of international customs and international treaties,universal and special international law,fundamental international law and principles,norms and rules.Secondly,in the dimension of"how/why",the variability of these different types of international law can be conceptually measured by the internalization model of force,interest and belief.Finally,the relevant principles obtained from this comparative analysis framework can be used to provide unified answers to the variability differences in different fields of international law,such as the basic principles of international law,traditional international law and modern international economic law,international environmental law and international human rights law,in the context of the world's unprecedented changes in a century.
British schoolcoexistence international lawcooperative international lawcommunity international lawinstitutional change
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