The Difficult Relation between International Law and Politics: The Legal Turn from a Critical IPE Perspective

Abstract

International law is currently undergoing a major transformation that has provoked a ‘legal turn’ in the field of International Relations. At the heart of this transformation are the juridification of international politics and subsequently the judicialisation of international law. This contribution argues that scholars of critical International Political Economy have not yet paid enough attention to this process. What is needed is a theory of international law that is able to grasp the societal implications of this transformation. In a first step some accounts drawing on Antonio Gramsci and Evgeny Pashukanis are presented, with a view to making their theory fruitful for analysing international law. Against the background of an empirical study that compares the global regulation of trade in goods with the trade in services, delivered notably through natural persons, some major shortcomings of these accounts are outlined. The last part of the contribution presents some ideas on how to further develop a critical theory of international (trade) law that introduces a communicative dimension into the legal turn with a view to distinguishing between different extra-economic dynamics.