International law and constructivism: Elements of an interactional theory of international law

By, linking the interactional legal theory of Lon L. Fuller to the insights of recent constructivist literature in international relations (IR) theory this article posits a distinctive explanation of the binding force of inte rnational law and begins to trace out an explanation of law's persuasive po wer in international society. The authors challenge the dominant positivist explanations of law in international legal theory, and show how those expl anations have been borrowed uncritically even by, many of those internation al relations scholars who have paid particular attention to the role of nor ms in world politics. Arguing that law is most pel suasive when it is creat ed through processes of mutual construction by a wide range of participants in a legal system, the authors focus upon a particular understanding of le gal legitimacy rooted irt adherence to internal morality and the specificit y of legal rationality a specificity generated in large measure by rhetoric al processes. The article concludes with suggestions Sor a shared research agenda for international lawyers and constructivist IR scholars.