By David Sanders
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Additional resources for Lawmaking and Co-operation in International Politics: The Idealist Case Re-examined
The calculation of cost, risk and interest couched in the language of the law ... International law is, in times of crisis, still not the controlling factor in the use of force ... the USSR and USA got away with their unilateral actions (unlike Britain, France and Israel) because their power could not be effectively challenged'. 49 The final element in the realist critique was that the idealists never specified how in practice- in the absence of a permanent international 'police' force- international law could possibly help to secure international peace.
Specifically, an attempt is made, inter alia, to relate the different lawmaking experiences of nation-state dyads to their chances of engaging in overt warfare with one another. In order to proceed with this endeavour, it is assumed that the content of any specific treaty commitment or the fact that its provisions were observed or disregarded are less important than the fact that a treaty commitment was made. This assumption is made not only because of the difficulties of obtaining an 'objective' assessment as to whether a particular treaty provision was adhered to or not, but also because, given the kind of arguments presented in Chapter 1, it is the process of negotiation and compromise that is involved in lawmaking which most probably furnishes the link between law and international peace.
Community responses in favour of the victim'. 57 Second, law provides national actors with 'a regular and highly articulated procedure ... [which] ... if they wish it can moderate conflict before it generates devastation'. 58 Third, 22 Lawmaking and Co-operation law supplies 'Standards to help with the determination of whether a particular claim is reasonable. This serves to civilise the process of conflict by revealing a concern with community approval'. 59 Finally, after reviewing the conflict between Indonesia and Malaysia in the 1960s, in which both sides consistently issued mutually agreed statements summarising their previous efforts at settlement, Falk suggests that [D]epartures from these agreed statements were later perceived as 'violations' by the aggrieved party ...