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Chapter 2 draws insights from FPA to explain the relationships among power, beliefs and interests as causes of distinctive American IL policy. The focus is on ‘foreign policy ideology’ as the ideational concept that best captures the transformation of power into ideas capable of shaping global interests. A generation of empirical survey research, combined with a rich history of diplomatic thought, has shown American foreign policy ideology to be structured by two dimensions forming an influential four-part typology. A ‘governance’ dimension measures whether American power is exercised primarily through international institutions dominated by elites, or conversely whether US foreign policy interests are advanced through domestic law and institutions under popular control. A second ‘values’ dimension measures whether US policy promotes values of individual liberty through law, or whether it is used to promote illiberal national security or non-universal cultural and identity values. IL policy can thus be located between ‘internationalist–nationalist’ positions on the governance dimension and ‘liberal–illiberal’ positions on the cross-cutting values dimension, which together form four ideal policy types: ‘liberal internationalism’, ‘illiberal internationalism’, ‘liberal nationalism’ and ‘illiberal nationalism’.
American engagement with international law has long been framed by commitment to the 'international rule of law', which persists even across divergent political and historical eras. Yet, despite appeals to legal ideals, American international law policy is consistently criticised as fraught with contradiction and distorted by beliefs in 'exceptionalism'. These contested claims of fidelity to law are the subject of this book: what does the 'international rule of law' mean for American legal policymakers even as they advocate competing commitments to international legal order? Answers are found in extensive evidence that American policymakers receive international law through established foreign policy ideologies, which correspond with divisions in both legal scholarship and diplomatic history. Using the case of the International Criminal Court, the book demonstrates that the very meaning of the international rule of law is structured by competing ideological beliefs; between American policymakers and global counterparts, and among American policymakers themselves.
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