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Social Practices of Rule- Making in World Politics Social Practices of Rule- Making in World Politics MARK RAYMOND 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America. © Oxford University Press 2019 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. CIP data is on file at the Library of Congress ISBN 978– 0– 19– 091311– 3 9 8 7 6 5 4 3 2 1 Printed by Sheridan Books, Inc., United States of America CONTENTS Acknowledgments vii INTRODUCTION 1 1. S ocial Practices of Rule- Making CHAPTER 8 2. Th e Social Construction of Great Power Management, CHAPTER 1815– 1822 44 3. B anning War: Social Practices of Rule- Making in the CHAPTER Interwar Period 83 4. S ocial Practices of Rule- Making and the Global War CHAPTER on Terror 142 5. R ules for State Conduct in the Cyber Domain CHAPTER 203 CONCLUSION 236 References 251 Index 263 v ACKNOWLEDGMENTS This book would not have been possible without the support, encouragement, and assistance of a great many people. I am extremely grateful for the opportu- nity to say a few words of thanks to them here. First, I want to thank the members of my doctoral committee at the University of Toronto, where this project began. David Welch, Emanuel Adler, and Steven Bernstein were kind enough to read and comment on the draft chapters in their earliest forms and to help them take shape. Matthew Hoffmann served as the internal reader and played a valuable role in improving the final dissertation. Richard Price went well beyond his role as the external examiner and provided extensive constructive comments. In addition to his role as my doctoral adviser, David Welch has provided invaluable advice, constant encouragement, and lasting friendship. Next, I owe my thanks to the reviewers for Oxford University Press, and es- pecially to Nick Onuf, who was kind enough to reach out and offer his assistance with revising the manuscript. As a result of the reviewers’ careful comments, the book is substantially improved. That improvement was ultimately made possible by my editor, Angela Chnapko. I would like to thank her for choosing such constructive reviewers for the manuscript, and also for her belief in the project and her patience as the revisions unfolded. I would like to thank the Department of International and Area Studies at the University of Oklahoma for its support as I revised the book manuscript. Suzette Grillot and Mitchell Smith helped me secure essential assistance in the form of course releases and summer research fellowships that facilitated the addition of the fourth case study, as well as other revisions to the manuscript. Keith Gaddie and the staff of Headington College at the University of Oklahoma provided a congenial atmosphere in which to finalize the revisions, for which I am very grateful. vii viii Acknowledgments During the process of writing the book I have benefited from the assistance of many of my friends and colleagues, some of whom have read part or all of the manuscript at various points in its development, and all of whom have provided valuable advice and encouragement. The following list is in alphabetical order: Samantha Bradshaw, Aaron Brantly, Benjamin de Carvalho, Derrick Cogburn, Ron Deibert, Laura DeNardis, Amy Eckert, Martha Finnemore, Bill Flanik, Harry Gould, Tim Gravelle, Fen Osler Hampson, Erin Hannah, Jarrod Hayes, Eric Heinze, Wendy Hicks, Aaron Hoffman, Terilyn Johnston Huntington, Jill Irvine, Patrick Thaddeus Jackson, Patrick James, Ron Krebs, Alanna Krolikowski, Charlotte Ku, Halvard Leira, Daniel Levine, Joseph MacKay, James Manicom, David McCourt, Chris McIntosh, Lilly Muller, Michelle Murray, Iver Neumann, Daniel Nexon, Joseph S. Nye, John Owen, Roland Paris, Darren Purcell, Maria Rost Rublee, Niels Nagelhus Schia, Rebecca Sanders, Ole Jacob Sending, Jason Sharman, Erika Simpson, Charmaine Stanley, Brent Steele, Michael Struett, Jelena Subotic, and Jessica West. I am deeply grateful to all of you for your time, and even more for your friendship. I would also like to thank my graduate students at the University of Oklahoma. While I have immensely enjoyed working with all of you, particular thanks are due to Stefanie Neumeier for reading the entirety of the revised manuscript, and to Nela Mrchkovska and Josie Smith for their assistance with the launch of the Cyber Governance and Policy Center. It should go without saying that I apologize to anyone inadvertently omitted from this list, and that any remaining errors in the manuscript are my own. Finally, I would like to thank my family. My parents, Alan and Elva Raymond, have provided unconditional love and support, without which I would never have had the chance to write this book. I also want to thank them for encour- aging my interest in the wider world. I want to thank my in- laws, Ray and Irene Raatzs, for welcoming me into their family. Most of all, I want to thank my wife Kate for believing in me, for talking through the argument with me as it evolved, for reading draft chapters and offering her wisdom, and for her love and friendship. Thank you for sharing this journey with me. Introduction It is commonplace to assert that we live in a rule- based global order, though assessments of the vitality and future trajectory of that order vary widely. This book takes the existence of such an order as its starting point, and seeks to con- tribute greater understanding of its nature and dynamics. Perhaps the most cru- cial question about this order is how its substantive contents (i.e., the rules) are determined and changed. That is the fundamental question that this book seeks to answer. The constructivist literature identifies a number of mechanisms and processes— such as norm creation, social learning, strategic social construction, socialization, persuasion, contestation, and others— by which actors ac- complish both the continuous reproduction and transformation of the rules, institutions, and regimes that constitute their worlds. However, it is less clear how these mechanisms relate to each other. Are they synonyms? Alternative explanations? Is it a matter of scope conditions, in which some mechanisms pre- dominate in some circumstances while different ones are at work in others? In order to maximize the comparability of existing and future constructivist em- pirical research, and to avoid conceptual duplication, it is important that these questions be resolved. However, this proliferation of mechanisms also raises two deeper questions for which the field thus far lacks clear answers: (1) how do actors know how to engage in all the various processes available to them for changing or reproducing norms and rules, and (2) how do they know when to utilize one mechanism rather than another? The answer, I argue, is that participants in world politics are also simultane- ously engaged in an ongoing social practice of rule- making, interpretation, and application. This social practice of rule- making is itself governed by procedural rules. These rules about rule- making are analogues to what the legal philosopher H. L. A. Hart referred to as secondary rules (Hart 1994). They provide an instruc- tion manual that enables actors to engage in contextually appropriate modalities for making and interpreting rules, and for applying rules to novel cases. 1