The Concept, Causes and Effects of Legalisation

Abstract

Since the middle of the last decade, we can observe an increasing legalisation of International Relations. This is not only exemplified by a myriad of international institutions, but also international laws growing scope and depth. However, even though IR and legal scholars started to explore these processes, fundamental lacunae remain in this research area. The panel therefore aims to further illuminate the phenomenon of legalisation from three different perspectives: Concept of Legalisation The term ‘legalisation’ invites various interpretations. A thorough understanding of different perspectives, however, is necessary to find common ground for future research. That is why one paper suggests a set of defining characteristics of legalisation which is illustrated by an example of emerging public international administrative law. Causes of Legalisation So far, only few have questioned the causes of legalisation. While some scholars consider the reduction of transaction costs within an otherwise anarchical international system as legalisation’s primary cause, others view it as an effective means of powerful actors to manifest their interests. In particular, critical legal studies have drawn attention to the hegemonic character of many emerging legal regimes within the global sphere. To further contribute to this debate, two papers address the question of how legalisation can be explained. Under which conditions does it occur? Are there specific structures and actors that promote legalisation? Who is able to set the rules within the international system and why? Effects of Legalisation Legalisation has important implications both for the international and national level. Domestically, legalisation can challenge states’ authority but also increase their capacity. Internationally, legalisation influences the conduct of international relations. While some view legalisation as a means to increase the legitimacy of global governance, others address concerns regarding a technocratisation and fragmentation of international law. Hence, one paper explores legalisation’s normative implications in terms of its participatory potential. Who is empowered by legalisation and why?

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