Concerning the international law and legal philosophy

Does international law have a philosophy? Most international law scholars don't feel that the international law presupposes any legal philosophy. However, the influence of philosophy on international law actually is profound. While the international law is a law among states, its binding force is weak and the boundaries between morality and politics are ambiguous, making its philosophical foundation all the more crucial. Therefore, philosophy, or the philosophy of law incurs or in some dimension, embeds a repercussion on the discipline, which is essential for a better understanding of international law. Against this backdrop, this paper aims to enhance our understanding of international law through the legal philosophy and general philosophical thoughts. The main text of paper is structured as follows. It examines the influence of two major schools of legal philosophy—legal positivism and natural law theory—on the international law. Furthermore, given the inseparable fate of international law and international politics, it summarizes the influence of realism and neorealism, two major schools of thought on the international politics, say, an element of clout and grease on international law. Specifically, Chapter 2 covers a legal positivism and international law, Chapter 3 on the universalism and international law, Chapter 4 on the realism and international law, and Chapter 5 on a neorealism and international law. Each chapter examines how the respective legal philosophy is reflected in understanding the international law. Meanwhile, with the advancement of democracy, the classical liberalism has given way to a liberal institutionalism, and the dogmatic nature of ideology has led to the development of new disciplines, such as critical theory and critical legal studies. Therefore, this paper adds a perspective on the international law from the liberal institutionalism and new critical philosophy, whenever necessary. Philosophy plays a role in the international law, providing theoretical foundations, ethical legitimacy, a framework for interpretation and criticism, and the imagination for a new alternative order. The possibility for international law to evolve beyond a mere agreement among the nations into a universal, shared legal order for humanity stems from philosophy.