Recent scholarship in just war theory has challenged the principle of symmetrical application of International Humanitarian Law (IHL). This revisionist work, which is increasingly dominating the field of contemporary war ethics, rejects the idea that the rules of conduct of war (jus in bello) should be agnostic about the justice of the decision to go to war (jus ad bellum). Just wars are perceived to be inherently at odds with the principle of symmetrical application of IHL, which appears to create a hard choice between justice and legality. I show that this challenge to IHL is misplaced. It derives from a widespread view among just war theorists according to which only one side in a just war can be justified in using force. By looking closely at the nature of adjudication of just causes of war, I show that there can be cases of war in which both sides are justified in using force, and cases in which, though not objectively justified, both sides may be excused for fighting. On the basis of this understanding of jus ad bellum, I argue that the principle of symmetrical application of IHL in fact best reflects the uncertainty and complexity that should characterize the practical doctrine of jus ad bellum.

If torture is both ethically odious and usually ineffective as an interrogation method, why have states, especially democratic ones, practiced it? This paper develops a theoretical response to this puzzle by extending constructivist understandings of normative effects. I argue that the norm prohibiting torture has the perverse effect of making torture more attractive to some political leaders in two ways: first, the norm attracts those who are looking for an outside-the-box solution to challenging intelligence-gathering scenarios; second, the norm offers political leaders a narrative of heroism in which they sacrifice their morality for the greater good. I illustrate these explanations with the example of torture in the United States war on terror. My argument suggests that norms can shape the interests even of those who do not follow their scripts, implying that the scope of normative impact may be much wider than previously believed.

International norm polarization is a rare but recurring process within international norm dynamics. Polarization describes the most combative response to attempted norm change: ‘a candidate norm is accepted by some states but resisted by others, leading to a period of international disputation between two groups in which socializing pressures pull states toward compliance with rival norms’. We identify several cases of polarization and explain this phenomenon by elaborating the constructivist model of the norm life cycle to processes of international resistance to norm change as well as to norm acceptance. We also draw on social identity theory (SIT) to examine group-psychological responses where disputed norms become closely linked to state identity. We illustrate these dynamics with reference to conflict over the norm that recognizes sexual orientation and gender identity as subjects of international human rights protection. Over the past decade this candidate norm has become increasingly contentious internationally, and bitter debates over resolutions concerning extra-judicial killings and discrimination have divided the United Nations General Assembly and Human Rights Council. The article makes a primary contribution to analysis of international norm change and also contributes to an emerging literature concerning sexuality and international relations.

This paper analyses Jürgen Habermas’s claim that democracy and human rights are co-original and its implications for his international theory. A central argument in his theory, the co-originality thesis suggests that human rights and democracy are not only both fundamental and mutually supportive, but also ‘equi-primordial’ and internally related. Reconstructing Habermas’s argument as it has developed over two decades, I argue that his account of constitutional democracy has difficulties accounting for the enmeshment of constitutional and international human rights, while his three-tiered model of global governance, in the absence of democratic legitimation, amounts to a downgrade of the currently institutionalized practice of international human rights. Instead, I suggest that shifting the focus from ideal global institutions to actual processes of domestic contestation, through which groups appropriate and apply international legal norms in order to claim their rights, provides a plausible account of the practice of international human rights consistent with the co-originality thesis.

The relationship between the political and socially constructed nature of territory (or, territories’ ‘constitutive properties’) and international politics has recently attracted substantial attention from scholars hailing from political science as well as political geography and critical international relations. The conversations across these scholarly traditions, however, leave a lot to be desired. The question then becomes, how can we, if at all, facilitate further interaction and cross-fertilization across seemingly disparate literatures? This study proposes a strategy of ‘pragmatic interaction’, which entails three steps: (i) establishing a simple conceptual framework that would be both recognizable and agreeable to scholars hailing from different perspectives; (ii) emphasizing a number of research topics that are of relevance to these scholars; and (iii) examining some of the recent entries from the relative literatures in the light of the identified research topics. The analysis suggests that there is much potential for interdisciplinary cross-fertilization over two broad research areas – ‘territorial heterogeneity’ of the past and present global territorial orders and the relationship between territory and power – also driving attention to potential research venues such as territorial interpretations of the anarchy/hierarchy problematique and the interaction between identity and territoriality.

International relations scholarship largely accepts that multilateralism lies at the heart of the liberal international order and is instantiated in formal, intergovernmental organizations. This paper revisits the conventional wisdom regarding the multilateral character of international organization (IO) governance by drawing attention to the funding methods used to finance contemporary IOs. I argue that different funding rules constitute different modes of governance. While mandatory funding rules are easily reconciled with traditional conceptions of multilateralism, voluntary rules are not. In particular, restricted voluntary funding rules devolve authority over funding decisions to individual actors, undercutting the collective decision making that is central to multilateral governance. I demonstrate the relevance of the argument in the case of the United Nations, which has transformed from an institution reliant primarily on mandatory contributions, to one disproportionately reliant on restricted, voluntary funds. The counterintuitive result is an increasingly bilateral United Nations. The paper contributes to our understanding of the relationship between multilateralism and IO governance, and has implications for literature related to institutional design, delegation, and development aid. In addition, it raises empirical and normative questions regarding reliance on voluntary funding.

The efficiency-oriented part of the literature on informal governance points to institutional costs as a reason for governments to prefer to cooperate with each other through commitments that are not binding. Left unexplained is what I call the dilemma of informal governance: how informal governance copes with the problem of cheating, to which formal governance has traditionally provided the solution. I show that like-mindedness, the current solution to the dilemma, is convincing but underspecified. Working from a model of governance encompassing the three time-honored dimensions of obligation, precision, and delegation, I analytically explore two other solutions, one that fails, information transmission, another that works, outside option, which I borrow from the power-oriented part of the literature on informal governance. A key finding is that informal governance, despite being neither self-enforceable nor informative, is sustainable for mild Prisoner’s Dilemma (PD) types in the presence of outside options. I illustrate the model findings by tracing an historical correlation between power polarization and formalism in the design of security regimes.