The power and perils of international law: A review essay on lawfare, constructivism and international lawpower

Abstract

The historical divide between power and international law is breaking down in a modern international system that is at once anarchical, competitive and highly legalized. While IR scholars have often considered international law to be relatively unimportant, separate from politics, and/or a means of fostering cooperation and mitigating conflict, recent scholarship at the intersection of power and law is examining how international law comprises a form of power in its own right. In this article, I review three books that exemplify this trend, arguing that they provide the foundations for a theory of legal power, or ‘lawpower’. Notably, the works under review suggest that international law is a potent social resource that is used strategically by a range of actors for their own ends and in their own ways. This conception of international law has significant implications for IR theory, military strategy and legal ethics.