Abstract
In this dissertation, I explore the relationship between legal systems, the rule of law, and states’ cooperative and conflictual behavior. I analyze how domestic legal systems (common, civil, Islamic, etc.) influence a state’s foreign policy behavior towards other states and international regimes. I also consider the extent to which the legitimacy of a domestic legal system modifies the relationship between legal systems and foreign policy behavior. In particular, I address the following questions: 1) How does the similarity of domestic legal system influence a state’s foreign policy behavior towards other states and international institutions?, and 2) How does the legitimacy of a domestic legal system shape states’ behavior towards other states and international institutions. I put forth a legal normative argument, which traces the reasons standing behind states’ actions to their internal legal structure. I argue that states with similar and highly legitimate legal systems are more likely to cooperate with one another than states representing divergent and weakly legitimate legal traditions. In the same way, a nation is more likely to be supportive of an international institution if its legal rules and procedures resemble the nation’s domestic legal order. My argument can be summarized as follows: International cooperation, both formal and informal, can be understood as contractual relationships. Domestic legal systems have an important effect on the way that states bargain over international contracts, because they affect the costs, benefits, and uncertainties of interstate cooperation. In particular, domestic legal system types and legitimacy influence contractual relations as far as the probability of signing interstate contracts, design of contracts, and their enforcement. I test my argument empirically in three different areas: states’ propensity to accept the compulsory jurisdiction of the International Court of Justice; alliances; and the link existing between states’ legal tradition and their conflictual interstate behavior. I find that both of the characteristics of the internal legal structure, legal system type and legitimacy, have a substantial impact on the way that states behave on the international arena.
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