The individual and its fidelity to international law: A kaleidoscope - reply to Tamar Megiddo

Abstract

In the present edited volume, Dr Megiddo, in her contribution 'International Law as a Ground for Action', starts from a passionate call to arms for international lawyers to embrace 'constructivist methodological individualism', which places the individual's practice of international law centre stage in international law research. Using that as a springboard, Dr Megiddo then examines international law's 'compliance pull' for individuals through the lens of two types of commitment, namely a disposition to comply with law and a fidelity to law. In international law and the field of the subjects of international law, the debate surrounding the need to rethink who are the subjects of international law and the conditions for being considered as one is nihil novum sub sole. Voices such as the former President of the International Court of Justice (ICJ), Dame Rosalyn Higgins, and the former President of the Institut de Droit International, Emmanuel Roucounas, have long argued for the need of international law and research to focus on individuals, and other entities, as 'users' and 'participants' of international law and for an analysis that goes beyond the classical two-level game analysis, to something more akin to a 'matryoshka-doll' or 'pluri-level game' analysis. Several developments in international law as well have had as their focus not only the individual, but also other entities. However, Dr Megiddo is right in her assertion that all these engage with the individual's practice of international law in a fragmented fashion and what is missing is a more systemic and systematic examination of the individual's engagement with the practice of international law in all its manifestations, which may assist in both theorising and comprehending this phenomenon.