PulseExploreJournal ClubDebatesTrendingResearchersJournals
Instagram
HomeExploreJournal ClubTrending
Synapse
⌘+K
Synapse
August 17, 2025Societas et iurisprudentia0 citationsOpen Access

Critiquing Theoretical Approaches to International Law: Toward a Balanced International Legal Order

View Full Paper
NDNejat Doğan

Key Points

  • No single paradigm adequately supports a durable international legal order, emphasizing a need for a balanced approach.
  • The critique illustrates realism's neglect of law's normative pull and statism's emphasis on process over justice.
  • The analysis reconstructs core premises of each approach, focusing on peace's dual concepts to highlight practical lessons.
  • Adapting the UN Charter and ICJ Statute remains essential for shaping an effective and comprehensive international legal framework.

Abstract

International law stands at the crossroads of power and principle. Realist, state-centric, and Kantian traditions all attempt to explain its reach and its limits, yet each falls prey to characteristic blind spots. This article surveys the three approaches in turn, showing how Realism’s focus on survival dismisses law’s normative pull, how Statism prizes procedural legitimacy at the expense of substantive justice, and how Kantian Idealism risks licensing coercive interventions in the name of moral progress. Drawing on primary texts and doctrinal illustrations, the paper argues that no single paradigm provides an adequate blueprint for a durable world order. Instead, their composite flaws reveal the pre-conditions any future synthesis must meet: respect for individual rights, a realistic appraisal of power constraints, and an institutional design capable of incremental evolution. By mapping these limitations, the article lays the groundwork for later research without advancing a new grand theory. The analysis proceeds in three parts: first, a reconstruction of each approach’s core premises; second, a critique calibrated to the dual concept of peace (negative and positive); and third, a conclusion that distils practical lessons while underlining the continuing utility of the UN Charter and the ICJ Statute as adaptable legal scaffolds.

Ask AI
Helpful
Bookmark
Share
View Full Paper

Cite This Study

Nejat Doğan (2025) studied this question.

synapsesocial.com/papers/68a36dd90a429f7973330db6https://doi.org/10.31262/1339-5467/2025/13/2/47-73
Ask AI
Helpful
Bookmark
Share
View Full Paper