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The Primary Institutions of International

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发表于 2007-7-28 16:47:13 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
Society1

For BISA Conference
London
December 2002

Abstract

The concept ’institutions’ is widely used in the IR literature especially by liberals, constructivists, and the English school. There is general acceptance of a distinction between institutions that represent fundamental underlying norms, and are more evolved than designed, such as sovereignty, diplomacy and international law; and those that are relatively specific, concrete, and usually designed (mainly intergovernmental organizations and regimes). I label these primary and secondary institutions. This distinction is accompanied by well-known epistemological and ontological issues about whether institutions are rational expressions of a given system of states, or are constitutive of the international social structure including states. Primary institutions are of particular importance to the position of the English school, and yet neither there, nor in the constructivist literature, has much attempt been made either to explore this concept systematically or to set out its taxonomical implications. By means of a survey of the main writings on primary institutions combined with a rigorous conceptual analysis, this article provides an overview of what the universe of primary institutions contains, opens a discussion on the significance of tensions between such institutions, and sketches how such institutions fit into different types of international society.



Introduction

The concept ’institutions’ is widely used in the IR literature especially by liberals, constructivists, and the English school. There is general acceptance of a distinction between institutions that represent fundamental underlying norms, and are more evolved than designed, such as sovereignty, diplomacy and international law; and those that are relatively specific, concrete, and usually designed (mainly intergovernmental organizations and regimes). I label these primary and secondary institutions. Primary institutions are of particular importance to the position of the English school, and it is mainly within that frame of reference that this investigation is conducted. Yet neither there, nor in the constructivist literature which has also taken an interest in it, has much attempt been made either to explore primary institutions systematically or to set out its taxonomical implications. While there is some agreement on how to define primary institutions, there is no authoritative list of them, either in general or in relation to any specific international society, and some disagreement about whether there are significant hierarchies within the concept. The existing thinking, and its disagreements, weaknesses and silences, are explored by means of a survey of the main writings on primary institutions.
By subjecting these writings to a rigorous conceptual analysis, this article: provides an overview of what the universe of primary institutions contains; argues that there is a hierarchy within it, but not one based on the distinction between constitutive and regulatory rules; opens a discussion on the significance of tensions between different primary institutions; and sketches how such institutions fit into different types of international society. The next section takes a brief look at the definitional problems with these concepts, and sets out the case for the primary-secondary distinction. The third section reviews how the concept of institutions is handled in the English school literature. The fourth section examines the concept of institutions through the distinction between constitutive and regulatory rules. The fifth section surveys the relationship between the range of institutions and types of international society.

Definitional Problems

The concept of institutions is central to English school thinking for two reasons: first, because it fleshes out the substantive content international society; and second because the particular understanding of institutions in English school thinking is one of the main things that differentiates it from the mainstream, rationalist, neoliberal institutionalist, study of international regimes. Quite a bit has been written about the similarities and differences between the English school approach to institutions and that of regime theory (Keohane, 1988; Hurrell, 1991; Evans and Wilson, 1992; Buzan, 1993; W鎣er, 1998: 109-12; Alderson and Hurrell, 2000). There is general agreement that these two bodies of literature overlap at several points, and that there is significant complementarity between them. The essential differences are:
1. Regime theory is more focused on contemporary events while the English school has a mainly historical perspective;
2. Regime theory is primarily concerned with ’particular human-constructed arrangements, formally or informally organized’ (Keohane, 1988; 383), whereas the English school is primarily concerned with ’historically constructed normative structures’ (Alderson and Hurrell, 2000: 27); the shared culture elements that precede rational cooperation, or what Keohane (1988: 385) calls enduring ’fundamental practices’ which shape and constrain the formation, evolution and demise of the more specific institutions. Onuf (2002) labels this distinction as ’evolved’ versus ’designed’ institutions.
3. Closely tied to the previous point is that the English school has placed a lot of emphasis on the way in which the institutions of international society and its members are mutually constitutive. To pick up Manning’s metaphor of the game of states, for the English school institutions define what the pieces are and how the game is played. Regime theory tends to take both actors and their preferences as given, and to define the game as cooperation under anarchy. This difference is complemented and reinforced by one of method, with regime theory largely wedded to rationalist method (Kratochwil and Ruggie, 1986), and the English school resting on history, normative political theory, and international legal theory.
4. Regime theory has applied itself intensively to institutionalization around economic and technological issues, both of which have been neglected by the English school which has concentrated mainly on the politico-military sector.
5. Regime theory has defined its interests mainly in terms of actors pursuing self-interest, and in the mechanisms of rational cooperation; while the English school has defined its interests mainly in terms of common interests and shared values, and in the mechanisms of international order (Evans and Wilson, 1992: 337-9).
6. De facto, but not in principle, regime theory has mainly studied sub-global phenomena. Its stock-in-trade is studies of specific regimes, which usually embody a subset of states negotiating rules about some specific issue (fishing, pollution, shipping, arms control, trade, etc.). The English school has subordinated the subglobal to the systemic level, talking mainly about the character and operation of international society as a whole.
The fact that there are two schools of thought within mainstream IR (not to mention others outside IR) both claiming the concept of ’institutions’ is in itself a recipe for confusion (W鎣er, 1998: 109-12). This situation is not helped by a pervasive ambiguity in what differentiates many of the associated concepts such as ’norms’, ’rules’ ’values’ and ’principles’. These terms are scattered throughout the literatures of both regime theory and the English school, yet it is seldom clear what, if anything, differentiates them, and in many usages they seem interchangeable. All are linked by the idea that their existence should shape expectations about the behaviour of the members of a social group. But what is the difference among shared norms and shared values and shared principles? Are norms and rules just shaded variations of the same thing? Perhaps the best known attempt to confront this is Krasner’s (1983: 2; see also Kratochwil and Ruggie, 1986: 769-71) definition of regimes as:
implicit or explicit principles, norms, rules and decision-making procedures around which actors’ expectations converge in a given area of international relations. Principles are beliefs of fact, causation, and rectitude. Norms are standards of behaviour defined in terms of rights and obligations. Rules are specific prescriptions or proscriptions for actions. Decision-making procedures are prevailing practices for making and implementing collective choice.
This is quite helpful, but does not really produce clear, mutually exclusive, concepts. There does not, for example, seem to be much difference between a principle understood as a belief of rectitude, and a norm understood as behaviour defined in terms of rights and obligations. Principles might serve as general propositions from which rules can be deduced, but inductive reasoning might also lead from rules to principles. Krasner’s distinction between norms and rules seems to hinge on the degree of formality. Both aim to regulate behaviour, and both carry the sense that they are authoritative, though neither can be seen as causal (Kratochwil and Ruggie, 1986: 767). In Krasner’s scheme, norms feel more like the customs of a society, with rules occupying the more formal, written, possibly legal end of the spectrum. Yet norms could also be written down, and the general understanding of rules includes customary practices. It is fundamentally unclear how (or whether) these two concepts can be disentangled. The task is not made easier by Krasner’s opening move of declaring that all of these concepts can be ’implicit or explict’ which weakens the basis for a distinction between norms and rules on grounds of degree of (in)formality. It is also unclear what the standing of ’decision-making procedures’ is in this scheme. Identifying them as ’prevailing practices’ simply disguises the fact that they could be principles, or norms or rules. They do not seem to be something that falls outside the first three concepts. Krasner does not mention values, and this term is much more important in the English school literature than in the regime theory one. A conventional understanding of values in the social sense is: the moral principles and beliefs or accepted standards of a person or social group. ’Moral principles and beliefs or accepted standards’ easily embraces principles, norms and rules. To talk of the values of a social actor might best be understood as an umbrella term, incorporating the whole set, though doing so raises the difficulty that rules can exist and be enforced as a function of power rather than belief.
Krasner’s formulation does not produce a clear and distinct set of concepts, and the unavoidable entanglements among them perhaps explain why these terms are so often grouped together ’norms, rules and principles’ or ’norms, rules and institutions’, etc.). Even Kratochwil (1989: 10) uses rules, norms and principles as synonyms, and though he promises to distinguish them later in the book it is far from clear that he ever does so. Despite the difficulties, Krasner’s formulation does suggest some helpful distinctions that are worth keeping in mind. The idea that norms represent the customary, implicit end of the authoritative social regulation of behaviour, and rules the more specific, explicit end, can often be useful, and I will try to retain that sense when I use the terms separately.
The concept of institutions shares some of the ambiguities that attend ’rules’. In common usage, ’institution’ can be understood either in quite specific terms as ’an organization or establishment founded for a specific purpose’, or in more general ones as ’an established custom, law, or relationship in a society or community’ (Hanks, 1986). As noted above, these different meanings play strongly into what distinguishes English school theory from regime theory. Regime theory is mostly concerned with the first sense, though as noted regimes go beyond the idea of intergovernmental organization. Keohane (1988: 383-5) is keen to draw a distinction between ’specific institutions’ understood as things ’that can be identified as related complexes of rules and norms, identifiable in space and time’, and ’more fundamental practices’ providing ’institutionalized constraints at a more…enduring level’, a distinction also pursued by W鎣er (1998: 109-12). Keohane puts particular emphasis on rules, arguing that specific institutions exist where there is a ’persistent set of rules’ that must ’constrain activity, shape expectation, and prescibe roles’. This confines his meaning of institution either to formal organizations with ’capacity for purposive action’ or international regimes comprising ’complexes of rules and organizations’, a distinction also made by Kratochwil and Ruggie (1986). This comes close to making the meaning of institution synonymous with intergovernmental organizations and legal frameworks.
Although W鎣er (1998: 112) thinks that the English school operates across these levels, and is confused about its position, a case can be made that in fact it largely takes the second, more general, sense of institution as its starting point. Bull (1977: 40, 74) goes out of his way to make clear that when he talks of institutions he does not mean intergovernmental organizations or administrative machinery. Bull wants to get at what Keohane (1988: 385) calls ’fundamental practices’. Keohane discusses only one member of this category (sovereignty), which he also picks up in later work (Keohane, 1995) though he acknowledges that there are others, including Bull’s set (1988: 383). The English school has explored a range of candidates within this deeper sense of institution, and it is on this basis that much of its claim to distinctiveness rests.
The English school’s understanding of institutions feels close to that developed by Searle (1995). Searle argues that institutions are created when a social function and status are allocated to something which do not reflect its intrinsic physical properties. A wall keeps people out physically, whereas markers can do so socially if accepted by those concerned. Money is the easiest example where an exchange commodity evolved into paper money which has no intrinsic value other than its status of recognition as money. Money, and much else in the social world, is kept in place by collective agreement or acceptance. Searle’s idea is that human societies contain large numbers of institutions in this sense, and consequently large numbers of what he calls ’institutional facts’ resulting from them (e.g. husbands and wives resulting from the institution of marriage). For Searle (1995: 2, 26) institutional facts are a subset of social facts, which arise out of collective intentionality. Social facts are distinct from ’brute’ facts which exist without human thought affecting them. He notes (57) that ‘each use of the institution is a renewed expression of the commitment of the users to the institution’, which underlines the concern with ‘practices’ in the IR literatures on this subject.
Both the regime theory and English school understandings represent legitimate interpretations of ’institutions’, and there is no good reason for trying to invent other labels. The essential difference is clear. The institutions talked about in regime theory are the products of a certain types of international society (most obviously liberal, but possibly other types as well), and are for the most part consciously designed by states. The institutions talked about by the English school are constitutive of both states and international society in that they define both the basic character and purpose of any such society. For second order societies (where the members are themselves collective actors), such institutions define the units that compose the society. Searle (1995: 35) argues that ‘social facts in general, and institutional facts especially, are hierarchically structured’, and on this basis it does not seem unreasonable to call what the English school wants to get at primary institutions, and those referred to by regime theory as secondary institutions.

The Concept of Primary Institutions in English School Literature

If the English school’s focus is primary institutions, how are these defined, and what range of possibilities is encompassed? Regime theorists dealing with secondary institutions can make do with general definitions such as those provided by Krasner and Keohane. Within such definitions there are nearly infinite possibilities for types of formal organization and regime. An indication of the type and range of diversity can be found in the discussion about ’hard’ and ’soft’ law and the three independent variables (obligation, precision, delegation) that produce degrees of hardness and softness in legalization (Goldstein et al., 2000; Abbott et al., 2000). Dealing with primary institutions is a rather different proposition. Most English school writers list a relatively small number that they take to define the essence of a Westphalian-type international society. It is worth looking at the English school’s candidates for primary institutions in some detail.
Wight (1979: 111) says that ’the institutions of international society are according to its nature’, which implies that institutions will be different from one type of international society to another. This is consistent with his more historical work (Wight, 1977: 29-33, 47-9) in which he identifies various institutions of pre-modern international societies including: messengers, conferences and congresses, a diplomatic language, trade, religious sites and festivals. Also looking backward, Reus-Smit (1997) notes arbitration as a distinctive feature of classical Greek international society. These ideas about pre-modern institutions suggest an evolution from the simpler arrangements of tribes, city-states and empires in the ancient and classical period, into the more sophisticated Westphalian criteria of the modern states system, with some overlap in the role of dynastic principles. Wight (1979: 111-12) goes on to enumerate those of (what from the context is) the international society of the first half of the twentieth century, as: ’diplomacy, alliances, guarantees, war and neutrality’. Somewhat inconsistently, he then says that: ’Diplomacy is the institution for negotiating, Alliances are the institution for effecting a common interest. Arbitration is an institution for the settlement of minor differences between states. War is the institution for the final settlement of differences.’ Elsewhere Wight (1977: 110-52) puts a lot of emphasis on diplomacy, sovereignty, international law and balance of power as distinctive to European international society, but it is not clear whether he thinks of these as institutions, and he does not anywhere draw together his various comments on institutions into a coherent discussion.
Bull’s set of five institutions of international society (diplomacy, international law, the balance of power, war, and the role of great powers) occupies the whole central third of his 1977 book, and has nearly iconic status in the literature. Yet Bull never gives a clear definition of what constitutes an institution, nor does he set out criteria for inclusion into or exclusion from this category. Neither does he attempt to explain the difference between his set and Wight’s. Both by noting Wight’s institutions for pre-modern international societies, and by himself setting out a variety of alternative possibilities for future international society, Bull appears to accept the idea that primary institutions can and do change, but he offers little guidance about such change, or about how institutions arise and disappear. His core statement on institutions is firmly within the Westphalian straightjacket (1977: 74):
States collaborate with one another, in varying degrees, in what may be called the institutions of international society: the balance of power, international law, the diplomatic mechanism, the managerial system of the great powers, and war. By an institution we do not necessarily imply an organization or administrative machinery, but rather a set of habits and practices shaped towards the realisation of common goals. These institutions do not deprive states of their central role in carrying out the political functions of international society, or serve as a surrogate central authority in the international system. They are rather an expression of the element of collaboration among states in discharging their political functions - and at the same time a means of sustaining this collaboration.
It is worth noting that both Bull, Keohane and others feature the word practices in their attempts to capture the essence of primary institutions.
The location of Bull’s five institutions in the overall structure of his argument is that they derive from his three layers of rules applicable to any human society. In Bull’s view all human societies must be founded on understandings about security against violence, observance of agreements, and rules about property rights. He sees rules as the key to sharpening up mere common interests into a clear sense of appropriate behaviour (1977: 67-71). The making of rules ranges from the customary to the positive, but whatever type they are, they fall into three levels.
1) Constitutional normative principles are the foundation, setting out the basic ordering principle (e.g. society of states, universal empire, state of nature, cosmopolitan community, etc.). In Bull’s view what is essential for order is that one of these principles dominates: because the principles are usually zero-sum, contestation equals disorder.
2) Rules of coexistence are those which set out the minimum behavioural conditions for society, and therefore hinge on the basic elements of society: limits to violence, establishment of property rights, and sanctity of agreements. Hence one finds here Bull’s institutions of classical European international society: diplomacy, international law, the balance of power, war, and the role of great powers.
3) Rules to regulate cooperation in politics, strategy, society and economy. About these Bull says (1977: 70) ‘Rules of this kind prescribe behaviour that is appropriate not to the elementary or primary goals of international life, but rather to those more advanced or secondary goals that are a feature of an international society in which a consensus has been reached about a wider range of objectives than mere coexistence.’ Here one would find everything from the UN system, through arms control treaties, to the regimes and institutions for managing trade, finance, environment, and a host of technical issues from postage to allocation of orbital slots and broadcast frequencies.
Bull’s set of institutions derives from the second of his rules of coexistence, which are those setting out the minimum behavioural conditions for society. This placing explains both the pluralist character of these institutions (which occurs by definition) and the curious absence of sovereignty (which falls under Bull’s first set of rules about the constitutive normative principle of world politics). Indeed, Bull (1977: 71) does admit that ’it is states themselves that are the principal institutions of the society of states’, but he does not develop this idea, whereas the other five get a chapter each. It is pretty clear that Bull’s presentation of institutions is firmly locked into his pluralist predisposition. There is little attempt to develop a general definition, or to explore the range of possibilities that might be covered by ’institutions of international society’.
This shortcoming and its attendant confusion, along with a failure to relate to earlier work, continues into, and in some ways worsens within, the more contemporary English school literature. For example Mayall (2000: 149-50) says:
The framework that I have adopted describes the context of international relations in terms of a set of institutions - law, diplomacy, the balance of power etc. - and principles. Some of these - sovereignty, territorial integrity and non-intervention - have been around since the beginning of the modern states-system. Others - self-determination, non-discrimination, respect for fundamental human rights etc. - have been added more recently…. do all these institutions and principles have equal weight, or are they arranged in a hierarchy? And if so, is it fixed?
Curiously, he does not mention nationalism, which might be though to be his major contribution to the English school literature (Mayall, 1990, 2000). Mayall (2000: 94) identifies international law as a kind of master institution: ’the bedrock institution on which the idea of international society stands or falls’, a view similar to Kratochwil’s (1989: 251) argument that: ’the international legal order exists simply by virtue of its role in defining the game of international relations’. Aside from Mayall’s exasperating etceteras, which leave one wondering what the full sets might look like, we are offered a distinction between institutions and principles with no explanation as to what the difference between them might be, or a clear setting out of which items belong in which category. His good questions about weight and change seem to apply to both together, and therefore to suggest that perhaps there is no difference, and Mayall anyway does not attempt to answer them. Sovereignty, for Mayall, is not even an institution, but appears in the possibly lesser category of ’principles’. Given that sovereignty is the designator of property rights and the basis for rules of recognition, and its corollary non-intervention sets the basic frame for political relations, this seems odd.
Perhaps picking up on Bull’s undeveloped point, and in contrast to Mayall’s and Kratochwil’s elevation of international law, James (1999: 468) says that sovereignty is ’the constitutive principle of inter-state relations’, a position apparently shared by Jackson (2000: 102-112), who while putting a lot of emphasis on sovereignty and non-intervention, does not mount any direct discussion of institutions. Reus-Smit (1997) focuses on international law and multilateralism as the key contemporary institutions of international society, and Keohane (1995) also seems to lean towards multilateralism.To add to the mixture, some solidarists (Knudsen, 1999: 39ff) want to push human rights almost to the status of an institution, while others (Wheeler, 2000) talk about it more ambiguously in terms of a norm of international society. As with Mayall’s distinction between institutions and principles, it is not clear what, if anything, draws the line between institutions and norms of international society. Both carry a sense of being durable features (and in that sense structures) of a society, and both are about constituting roles and actors, and shaping expectations of behaviour.
If the concept of primary institutions is to play a coherent role in English school theory, then we need to improve our understanding of what it does and does not represent. The existing discussion suggest several points needing further thought:
§ that there is an urgent need for a more coherent definition of primary institutions than anything so far given, and also for more attempt to generate consistency in the literature about what does and does not count as a primary institution;
§ that Bull’s classic set of five institutions is much more a statement about pluralist international societies than any kind of universal, for-all-time set;
§ that institutions can change, and that processes of creation and decay need to be part of the picture;
§ that perhaps not all institutions are equal, and that some sort of hierarchy may need to be introduced.
A timely draft paper by Holsti (2002) has begun a systematic and stimulating attempt to take the taxonomy of international institutions in hand. Holsti’s starting point is a concern to develop institutions, in Bull’s primary sense, as benchmarks for monitoring significant change in international systems. Holsti (2002: 6) sees institutions in this sense as embodying ’three essential elements: practices, ideas and norms/rules’ in varying mixtures. He adds (Holsti, 2002: 9-10) a key distinction between ’foundational’ and ’procedural’ institutions: ’Foundational institutions define and give privileged status to certain actors. They also define the fundamental principles, rules and norms upon which their mutual relations are based.’ Procedural institutions are: ’repetitive practices, ideas and norms that underlie and regulate interactions and transactions between the separate actors’, including ’the conduct of both conflict and normal intercourse’. Although Holsti divides institutions into two types, it is clear that he is not repeating the division between primary and secondary institutions: his procedural institutions are still primary in concept, not regimes or IGOs. Like Mayall, Holsti shies away from giving definitive lists, but he includes as foundational institutions sovereignty, states, territoriality and the fundamental principles of international law. Among procedural institutions he includes diplomacy, war, trade and colonialism. A similar move is made by Reus-Smit (1997: 556-66), when he identifies three layers in modern international society. The deepest layer he calls ’constitutional structures’, which are similar to Holsti’s foundational institutions. Constitutional structures reflect a hierarchy of ’deep constitutive values: a shared belief about the moral purpose of centalized political organization, an organizing principle of sovereignty, and a norm of pure procedural justice’. These structures ’are coherent ensembles of intersubjective beliefs, principles, and norms that perform two functions in ordering international societies: they define what constitutes a legitimate actor, entitled to all the rights and privileges of statehood; and they define the basic parameters of rightful state action’. The middle layer Reus-Smit calls ’fundamental institutions’, which he sees as ’basic rules of practice’ such as bilateralism, multilateralism and international law. This does not feel quite the same as Holsti’s procedural institutions, but the concept is not elaborated enough to tease out the difference either in principle or practice, and the difference is perhaps not large. Reus-Smit’s third layer is ’issue-specific regimes’, which brings us back to the distinction between primary and secondary institutions.
Holsti’s approach goes some way towards firming up the definition of institutions. It tackles the question of change and evolution in international institutions and thereby allows both entry into and exit from Bull’s pluralist model. He shows how new institutions arise (trade), and some old ones drop out of use altogether (colonialism). He argues that war has decayed as an institution of contemporary international society, taking a similar view to Mayall’s (2000: 19) remark that in the twentieth century war became regarded more as the breakdown of international society than as a sign of its operation. Other institutions have become much more elaborate and complicated (international law, dipomacy). In general Holsti sets up a scheme that invites observers to look not just for the existence (or not) of institutions, but whether the trend is for those that do exist to strengthen, weaken, or evolve internally. Holsti’s scheme, and Reus-Smit’s, also address explicitly the question of hierarchy among primary institutions, and not just between primary and secondary ones, though more thinking is needed about this. Holsti’s statement (2002: 13) that sovereignty is ’the bedrock for all other international institutions’, reinforces the discord between, on the one hand, the seemingly similar positions of Alan James and Robert Jackson cited above, and on the other, Mayall’s and Kratochwil’s virtually identical statement about international law. The whole idea of ’bedrock institutions’ seems to suggest a special status for some even within the foundational category. In addition, Holsti’s inclusion of the state as a foundational institution alongside sovereignty and territoriality looks problematic. It is not clear that anything of consequence is left if one subtracts sovereignty and territoriality from the state. Neither is it clear that the state fits within Holsti’s definition. If, as he says, ’foundational institutions define and give privileged status to certain actors….[and] the fundamental principles, rules and norms upon which their mutual relations are based’, then actors cannot be institutions. Primary institutions, it seems, have to reflect some shared principle, norm or value. In this instance, states would be the actors constituted by the combination of sovereignty and territoriality. Holsti is also silent about why his choice of institutions differs from that of other writers in this tradition.
The state of play on primary institutions in English school literature is summarised in table 1, and one might want to add to it Reus-Smit’s idea that multilateralism is an institution if not of international society globally, at least amongst the Western states and their circle.

Wight Bull Mayall* Holsti** James, Jackson,(Keohane)
Messengers
Conferencesand Congresses
DiplomaticLanguage
Religious sites and festivals
Dynastic principles
Trade Trade (P)
Diplomacy Diplomacy Diplomacy (I) Diplomacy(P)
Alliances
Guarantees
War War War (P)
Neutrality
Arbitration
Balance of Power? Balance of Power Balance of Power (I)
Great powermanagement
International Law? InternationalLaw InternationalLaw (I) InternationalLaw (F)
the state the State (F)
Sovereignty? Sovereignty (P) Sovereignty (F) Sovereignty
TerritorialIntegrity (P) Territoriality (F)
Noninter-vention (P)
Self-Deter-mination (P)
Non-Discrim-ination (P)
Human Rights (P)
Colonialism (P)
Table 1 - Candidates for Primary Institutions of International Society by Author***
* for Mayall, (I) = institution and (P) = principle
** for Holsti (F) = foundational institution and (P) = procedural institution
***words given in underlined font are where the author identifies an institution as ’principal’, or ’master’ or ’bedrock’.
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 楼主| 发表于 2007-7-28 16:47:44 | 只看该作者
This summary is inspiring because it is clearly getting at something basic and important about international social structure that is not covered either by secondary institutions or by Wendt’s broad classification of basic types of social order. It is also both instructive and a bit depressing. It is depressing because it reveals something approaching indifference towards both conceptual clarity and cumulative debate. The English school’s interest in primary institutions might be a candidate for the ’coherent research program’ that Keohane (1988: 392) accuses the reflectivists of lacking, but to qualify will require much more systematic thinking than it has received so far. The summary is instructive on two grounds. First, because it suggests that there is a lot more to primary institutions than sovereignty. As Onuf (2002: 228) astutely observes, it is a feature of Realist thinking that ’sovereignty is the only rule that matters for the constitution of anarchy’. Second, primary institutions do have some kind of life-cycle, generally long in human terms, in which they rise, evolve, and decline, and this dynamic itself needs to be a focus of study. The summary also suggests a recurrent desire to differentiate primary institutions into some sort of hierarchy between the deeper and more constitutive, and the less deep and more procedural. This question of hierarchy is a useful way into the problem of defining and identifying primary institutions.

Is There a Hierarchy Within Primary Institutions?

What lies behind the persistent tendency in writings about primary institutions either to finger some one institution as ’primary’ or ’master’, or to make some more general distinction (Mayall’s institutions and principles; Holsti’s procedural and foundational institutions; Reus-Smits’s constitutional structures and fundamental institutions). The idea of a ’primary’ or ’master’ institution implies that one deep practice essentially generates or shapes all of the others. The idea of two layers of primary institutions implies that some are ’deeper’ than others.
Looking first at the notion of layers, Holsti’s and Reus-Smit’s distinctions are based on the idea that some (procedural/foundational) institutions are about repetitive practices and interactions, while others (foundational/constitutional structures) are about how the actors and the basic rules of the game among them are constituted. A distinction along these lines is strikingly similar to the one used by Ruggie (1998) and others (e.g. Kratochwil, 1989: 26; Searle, 1995: 27-8; S鴕ensen, 1999) between regulative and constitutive rules. Since, as argued in 6.1, norms, rules, principles and values all overlap, and since institutions embody all of them, it seems reasonable to transpose the logic developed around constitutive and regulatory rules, to the discussion about different types of primary institution. Regulative rules are intended to have causal effects on a pre-existing activity, while ’constitutive rules define the set of practices that make up any particular consciously organized social activity…they specify what counts as that activity’ (Ruggie, 1998: 22). Searle (1995: 114) argues that ‘institutions always consist in constitutive rules (practices, procedures) that have the form X counts as Y in context C’. It seems that the strange status of the state in Bull’s scheme, and his silence about sovereignty, reflect the positioning of his institutions within his ’rules of coexistence’ category, which leaves out the institutions to be found under his constitutive rules. Bull thus comes close to falling foul of the criticism made by Ruggie (1998: 25) of neorealists and neoliberals, that they exclude constitutive rules, and that ’the scope of their theories … is confined to regulative rules that coordinate behaviour in a pre-constituted world.’ Yet that would not be quite fair, since several of Bull’s institutions do seem to fit under Holsti’s ’foundational’ category and Ruggie’s ’constitutive’ one. At first glance, it is not exactly clear how one would interpret Bull’s three types of rules in the light of Holsti’s and Ruggie’s dyadic classifications. Bull’s constitutive rules probably fit within Holsti’s foundational institutions and Ruggie’s constitutive rules. His rules of cooperation probably fit within Holsti’s procedural institutions and Ruggie’s regulative rules, and may also overlap with secondary institutions. But quite where Bull’s rules of coexistence, and hence his five institutions, fit, is not immediately obvious. We are in the murky waters signposted by Hurrell (2002: 145) when he noted the absence of any clear answer as to what actually are ’the most important constitutive rules in international relations.’
Just what does count as constitutive in relation to international societies? Since the English school has in part justified its distinctiveness from regime theory by pointing to the constitutive quality of what it means by institutions, getting some sort of coherent answer to this is essential to the standing of English school theory. In one sense, Bull’s idea of constitutive rules is the social structural analogue to Waltz’s first tier of structure, comprising the ordering principle of the system that defines whether it is a society of states, a universal empire, a cosmopolitan society or whatever. Bull’s rules of coexistence are heavily shaped by the prior choice of states within this first tier of constitutive rules. They set out the minimum behavioural conditions for society, in other words a kind of bottom line necessary for some sort of international society to exist. Holsti’s and Reus-Smit’s deepest layers define both the key actors and the fundamental principles, rules and norms upon which their mutual relations are based. Ruggie’s idea is that constitutive rules define the set of practices that make up any particular consciously organized social activity, with the example of a game (e.g. chess - Searle, 1995: 27-8) giving clear guidance - i.e. the rules define the pieces, the environment in which the pieces act, and the ways in which the pieces relate to each other and that environment. Taking all these ideas together, and staying with a game metaphor (chess, or Manning’s game of states) it becomes apparent that there are two core elements in the idea of constitutive institutions: one is that such institutions define the main pieces/players in the game; the other that they define the basic rules by which the pieces/players relate to each other.
This sounds relatively simple, but unfortunately is not. One problem concerns the separability of pieces/players on the one hand, and the rules of engagement on the other. These might be separate (as in chess), but they might also be linked, as in the mutual constitution resolution to the agent-structure problem. Sovereignty as the defining quality of states (pieces/players) cannot be disentangled from anarchy as the defining quality of system structure (and therefore the rules of the game). This link is dynamic, and as the several accounts of the evolution of sovereignty noted above make clear, unlike the pieces and the rules in chess, both states and the game they play change over time. A second problem lies in the conflation of ’pieces’ and ’players’. In chess, the pieces are constituted by the rules, but the pieces are not the players, and although the activity of chess may be constituted by its rules, the people who play it are not (except in the very limited sense of being constituted as chess players). In the game of states, this distinction is much less clear: the pieces and the players are more closely interlinked, as captured in the distinction between ’role’ and ’idiosyncratic’ variables in the study of foreign-policy making. Where the pieces (states) are composed of sentient social actors, then what the pieces are and how they relate to each other will inevitably be connected. On this basis Holsti and Reus-Smit would seem to be correct in proposing that for the game of states, constitutive institutions must define both the main actors and the basic rules by which they relate to each other.
What does such a conclusion mean in practical terms? The clearest candidates for the status of constitutive institutions will be those that bear directly on the definition of the principal actors/players in the game. Taking the cue from Bull’s discussion of constitutive principles, for the game of states in Westphalian form the key constitutive institutions would be sovereignty and territoriality, for the game of empires, it would be suzerainty, for a cosmopolitian community it would be human rights, and for a neomediaeval system it would be the set of principles that differentiated the main types of actor and set out their rights and responsibilities in relation to each other. For something like the EU, the constitutive institution remains sovereignty, but accompanied by integration and ’subsidiarity’ (the investment of authority at the lowest possible level of an institutional hierarchy - McLean, 1996: 482). It is not impossible for some of these rules to coexist. During the colonial era, for example, the European states system was constituted by sovereignty, but the European powers related to the rest of the world on the basis of suzerainty, which defined a range of entitites from dominions through protectorates to colonies. Holsti (and Keene, 2000) are thus quite right to identify colonialism as an institution of pre-1945 European international society. Thinking just about what constitutes the actors/players pushes one towards the idea of ’master’ or ’principal’ primary institutions, where perhaps one or two key foundational practices do seem to set up the rest of the game.
Moving to constitutive institutions focused on the basic rules of engagement is more difficult. Where is the boundary between what counts as ’basic’ or ’fundamental’ rules (coexistence for Bull, rules that define the game for Ruggie, fundamental principles defining relations for Holsti and Reus-Smit), and cooperation/regulative/procedural rules? Bull’s idea of rules of cooperation as about secondary issues (those more advanced rules agreed by states beyond mere coexistence) looks immediately problematic. Such rules can include trade and human rights, both of which might well count as constitutive in the sense that they impact quickly and deeply on how the key players are defined. Both Holsti’s and Reus-Smit’s procedural rules and Ruggie’s regulative ones are trying to define a level that is relatively superficial in the sense that it downplays or eliminates the constitutive element. Holsti’s procedural institutions are: ’repetitive practices, ideas and norms that underlie and regulate interactions and transactions between the separate actors’, Ruggie’s regulative rules ’are intended to have causal effects on a pre-existing activity’. The idea here is to capture, as it were, the regular practices that sentient players engage in once the actors are established, the basic rules are in place, and the game of states is underway. But this seemingly clear distinction is hard to sustain. Even at the level of secondary institutions there are claims that the buildup of networks of regimes eventually entangles states to such an extent as to change quite fundamentally the nature of relations among them (more legal and institutionalised, less war) and thus to call into question the (neo)realist understanding of what anarchy means. Such claims are intrinsic to much of the discussion of globalisation and world society, and are not difficult to find in other literatures (Keohane and Nye, 1977; Wendt, 1999; Milner, 1991). In effect such claims elevate even secondary institutions, at least in their cumulative effect, to constitutive status. Holsti counts both trade and war as procedural institutions, yet there are compelling arguments that both have major effects on the constitution and behaviour of states (e.g. Keohane and Nye, 1977; Tilly, 1990).
One key element in the difficulty of drawing a boundary between constitutive institutions and regulatory rules is the breakdown of the analogy between games such as chess where the pieces are not the players, and games such as ’states’ where the pieces and the players are more closely intertwined. In the game of states, the players can reinterpret existing institutions as they go along. Ashley’s (1987: 411) definition of international community is close to the sense of primary institutions, and captures this idea of essential fluidity well:
international community can only be seen as a never completed product of multiple historical practices, a still-contested product of struggle to impose interpretation upon interpretation. In its form it can only be understood as a network of historically fabricated practical understandings, precedents, skills, and procedures that define competent international subjectivity and that occupy a precariously held social space pried open amidst contending historical forces, multiple interpretations and plural practices.
As Holsti’s discussion makes clear, within the game of states, even quite basic institutions (colonialism in his set, which does define actors in the system) can disappear, or at least atrophy to the point where the label is no longer an acceptable way of characterising practices, as the game evolves. Holsti tracks substantial changes of interpretation in other primary institutions as well, such as sovereignty (see also Keohane, 1995; Reus-Smit, 1997; Barkin, 1998; S鴕ensen, 1999), war and international law. The shared norms or principles represented by primary institutions can endure in a general sense, while the particular rules and institutional facts that they legitimise undergo substantial change. The problem is how to distinguish between those institutions that change the nature of the game and the character of the key players, and those that don’t. Drawing any such distinction in a definitive way is certain to be both difficult and controversial. There is endless scope for dispute about to what extent new institutions (the market, or human rights) change either the game or the players, and over what time periods they do so. The question is: does solidarism change the game of states, and at what point do those changes add up to a new game for which the name ’game of states’ is no longer appropriate? The tendency of EU studies to drift away from both IR and Politics suggests that at least in the minds of many of those who study it, the EU cannot be adequately understood either as a state or as a game of states.
Taking all of this into consideration, one can make the following general characterisation of the primary institutions of international society:
§ Primary institutions are durable and recognized practices structured around shared values (or perhaps shared practices, if values is seen as problematic) held by the members of international societies, and embodying a mix of norms, rules and principles.
§ In order to count as a primary institution, such practices must play a constitutive role in relation to both the pieces/players and the rules of the game. There is probably not a useful distinction to be made between constitutive and regulatory (or fundamental and procedural) primary institutions.
§ Although durable, primary institutions are neither permanent nor fixed. They will typically undergo a historical pattern of rise, evolution and decline that is long by the standards of a human lifetime. Changes in the practices within an institution may be a sign of vigour and adaptation (as those in sovereignty over the last couple of centuries) or of decline (as in the narrowing legitimacy of war over the last half-century). One needs to distinguish between changes in and changes of primary institutions.
There remains the question of hierarchy among primary institutions. Although I have argued that a constitutive/regulatory distinction cannot be used as the basis for such a hierarchy, the sense that there needs to be such a hierarchy is quite strong in the literature. The simplest solution to the hierarchy problem is to treat it as an issue of nesting. Some primary institutions can be understood as containing, or generating others. International law, for example, can be seen as a general institution, a set of fundamental principles, and also as the container of the potentially endless particular laws about a wide variety of specific issues that can be built up within it, and which mostly fall under what I have labelled here secondary institutions. The trick is to find primary institutions that stand alone. Looking again at table 1, it is clear that some of the candidates stand alone, whereas others are derivative.
Sovereignty is a good candidate for a master institution of Westphalian international society. Within it one could bundle up Mayall’s ’principles’ of non-intervention, self-determination and non-discrimination. A good case could be made for seeing international law as derivative from sovereignty. Although there could, in principle, be international law without sovereignty, as Mosler (1980: 1) argues, before sovereignty, in ancient and classical times, there was no conception of a universal community of rules or laws (for a more detailed study of this question see Onuma, 2000). Without international law, it is difficult to imagine much international relations among sovereign entities other than war.
Territoriality, or territorial integrity, is distinct from sovereignty and not necessary to it. Sovereignty can in principle exist without being territorial, even though in practice that might be difficult to implement. Territoriality is therefore a distinct master institution of Westphalian international societies (Ruggie, 1993). As argued above, sovereignty and territoriality together constitute the essence of the Westphalian state, and so eliminate Bull’s and Holsti’s attempt to see the state itself as a primary institution.
Diplomacy is another good candidate for a master institution. In historical terms, it predates sovereignty, and it easily bundles up Wight’s messengers, conferences and congresses, diplomatic language, and arbitration, and Reus-Smit’s multilateralism.
Balance of power is a clear fourth Westphalian master institution. When understood as a recognized social practice, and shared value, rather than as a mechanical consequence of anarchy, balance of power contains alliances, guarantees, neutrality, and great power management. It also contains war, again when understood as a social practice (Searle, 1995: 89-90), which as Wight noted is ’the institution for the final settlement of differences.’
Of the list in table 1, that leaves religious sites and festivals, dynastic principles, trade, human rights and colonialism as not clearly derivative or subordinate to any other master institution. Religious sites and festivals have dropped away as a feature of modern European international society, but clearly played a central role in ancient and classical times, and retain unquestion importance in subglobal international societies, notably that of the Islamic world. Dynastic principles have also faded out of European international society, but they were crucial in its early phases, and were also prominent in ancient and classical times. Trade is another very old practice in human affairs and does not depend on any of the four master institutions listed above (Buzan and Little, 2000). Whether trade as such is the institution, or particular principles applying to it, such as protectionism, or the market, is an interesting question needing more thought. A good case can be made that over the past century and a half, there has been a battle between these two principles of how to govern trade, and that since the end of the Cold War, the market has emerged clearly as one of the major primary institutions of contemporary international society. As noted above, human rights is a cosmopolitan institution, but it can also be picked up as a shared value in an international society. Probably it is not a master institution in itself, but derivative from the principle of equality of people. Colonialism clearly was a master primary institution of international society up to 1945.
Setting aside religious sites and festivals, and dynastic principles on the grounds that they are mostly of historical interest, one thing that is noticeable about trade, human rights and colonialism in relation to sovereignty, territoriality, diplomacy and balance of power, is that they don’t fit comforably together. Sovereignty, territoriality, diplomacy and balance of power are a harmonious set. They do not guarantee peace, but they complement each other comfortably and contain no necessary contradictions. The market, human rights and colonialism raise contradictions. The contradiction between human rights on the one hand, and sovereignty/nonintervention on the other is well developed in the English school literature (Bull, 1977; Mayall, 2000; Jackson, 2000). Colonialism contradicts sovereignty by creating a society of unequals, a mix of Westphalian and imperial forms. The market principle creates tensions with sovereignty and territoriality, not to mention balance of power, in ways that have been well explored in the literatures of IPE and globalisation. With the notable exception of Kapstein (1999) realists have never resolved, or even much addressed, the obvious contradiction between balance of power logic on the one hand, and the hegemonic stability thesis on the other.
Table 1 does not contain all of the possible primary institutions. Given the pluralist dispositions of the authors involved, it has not only an international, but also a specific Westphalian bias, and even there is not complete. It is perhaps not without significance that nationalism which, given its importance as the political legitimiser for sovereignty, might well be thought a master institution of contemporary international society, is not in the lists of table 1. Like trade, human rights and colonialism, nationalism, and its corollaries popular sovereignty and the right of self-determination, creates contradiction with some of the other master institutions (sovereignty, territoriality, trade, even at times diplomacy), a story well told by Mayall (1990). Nationalism, as Mayall (2000: 84) notes, sacralises territory by making sovereignty popular. It can also underpin the solidarist call, derided by Jackson (2000: 366) to make democracy a universal institution of international society. It is perhaps no accident that the English school classics avoided talk of trade and nationalism for fear of disrupting the harmony of their core Westphalian set of institutions. That would be of a piece with their often fierce resistance to human rights, which creates similar tensions. Environmentalism is discussed by Jackson (2000: 175-8) as a fourth area of responsibility (after national, international and humanitarian) involving stewardship or trusteeship of the planet. This was little, if at all, discussed by earlier English school writers, in part because the issue was not then as prominent as it later became. Environmental stewardship can, up to a point, be fitted into a pluralist logic of coexistence, but it can also become a solidarist project.
The nested hierarchy of international institutions is sketched in table 2.

Primary Institutions Secondary Institutions
Master Derivative (examples of)
Sovereignty Non-interventionInternational Law UN General AssemblyMost regimes, ICJ, ICC
Territoriality
Diplomacy Messengers/diplomatsConferences/CongressesMultilateralismDiplomatic languageArbitration United NationsMany specific examples…Most IGOs, regimes
Balance of Power Anti-hegemonismAlliancesGuaranteesNeutralityWarGreat power management NATOUN Security Council
Equality of people Human RightsHumanitarian intervention UNHCR
Colonialism Right of conquestInequality of peoples
Trade MarketProtectionismHegemonic stability GATT/WTO, IBRD, IMF, MFN agreements
Nationalism Self-determinationPopular sovereigntyDemocracy
Environmentalstewardship CITES, Kyoto treaty
Table 2 - The Nested Hierarchy of Contemporary International Institutions

The idea of tensions among the primary institutions of international society deserves more space than I can give it here. Among other things, it would seem to offer a key insight into the dynamics of the institutions of international society, and why some institutions flourish while others atrophy.

The Range of Institutions and the Types of International Society

So where does this discussion leave us? I draw two conclusions. Most obviously, I am unable to escape the ’etcetera’ problem for which I earlier pilloried Mayall and others, although at least now one can see why. Social systems can take many forms and shapes, and therefore the overall possibilities for primary institutions are, if not infinite, at least very numerous, even when one confines the enquiry to the macro-scale of international societies. That said, any particular international society will probably be defined by a relatively small number of primary institutions. One would expect fewer institutions at the Hobbesian and Lockean end of the spectrum, as in the Westphalian case sketched above, and more at the Grotian and Kantian end. Exactly what the primary institutions of any given international society are is a matter for close empirical enquiry. In this sense, Holsti is quite right to link the study of institutions to the question of how to benchmark change in international systems. In games where the pieces and the players are closely intertwined, both the constitutive and the regulatory institutions are open to change, whether change of meaning and practice (e.g. sovereignty, war), or rise/decline of the constitutive principle as such (e.g. market, colonialism). Such change is not inevitable, and one can easily imagine a basic distinction between international societies whose primary institutions remain relatively stable, and those that do not.
Although one cannot set out a definitive list of primary institutions for all times and places, it is still interesting and instructive to try to think through the question of primary institutions in relation to a general spectrum of international social orders. I derive this spectrum from Wendt’s (1999) distinction amongst Hobbesian, Lockean and Kantian international social orders, combined with the English school’s emphasis on Grotian models.
A Hobbesian international society is based largely on enmity and the possibility of war, but where there is also some diplomacy, alliance making and trade. Survival is the main motive for the states, and no values are necessarily shared. Primary institutions will be minimal, perhaps not amounting to more than diplomacy and trade. Secondary institutions are unlikely to exist at all. Sovereignty might or might not be an institution in a Hobbesian society, which could just as easily rest on suzerainty. It seems likely that some sort of territoriality would be important because of its intrinsic relationship to the processes of war and conquest. War would be a strong candiate for an institution in Hobbesian international societies, in the sense of a general acceptance of conquest as a legitimate way to establish political claims. It is also quite conceivable that political institutions such as dynasticism, might play a key role in structuring Hobbesian international societies, as it did for much of classical history and also early modern European history. It is easy to find historical cases where diplomacy and trade existed without there being any shared political principle. In most of ancient and classical times, for example, international systems were composed of a mix of city-states, empires, nomadic barbarians, and hunter-gatherer bands. But a Hobbesian international society could also feature shared political institutions such as dynasticism or suzerainty.
A Lockean international society is based on the model of a Westphalian balance of power system in which the balance of power is accepted as an organizing principle by the great powers, and sovereignty, territoriality, diplomacy, great power management, war and international law are the core institutions of international society. This is Bull’s pluralist international society, close to the experience of modern European history up to 1945. Yet the classical pluralist presentation of institutions in the English school literature does not exhaust the possibilities. As Holsti (2002) and Keene (2000) have observed, colonialism is an option for such a society provided that it has room to expand outside its core. So also is dynasticism, as it was in Europe well into the nineteenth century. Lockean international societies can also generate economic institutions more sophisticated than the basic trading practices that can be found even in Hobbesian international societies. Lockean international societies might well keep the mercantilist practices and principles inherited from Hobbessian forbears, but they might also seek to improve on them. In the case of nineteenth century Europe, the Gold Standard could be seen as one such development, as, perhaps, could the attempts to move towards liberal trading practices, such as agreed tarriff reductions and most-favoured-nation agreements. As Lockean societies move towards the Grotian model, they may well begin to generate secondary institutions in the form of regimes and IGOs, as began to happen during the late nineteenth century.
The most important institution missing from Bull’s essentially Lockean set is nationalism (if we assume sovereignty and territoriality to be covered by Bull’s remarks about the state as the most important institution). Mayall (1990, 2000) has long been the champion of giving full recognition to this as a primary institution, arguing that during the nineteenth century it melded with the institution of sovereignty and transformed it in a number of quite fundamental ways. National self-determination not only displaced dynasticism as the key to political legitimacy, it also sacralized territory (Mayall, 2000: 84) and imposed limits on the legitimate uses of war. Hurrell (2002: 145) reinforces Mayall’s position with his suggestion that ’national self-determination is the most important constitutive norm of the modern era’. It would be hard to refute this assessment. Nationalism, like sovereignty, has spread well beyond its European origins. It has been instrumental in the demise of colonialism as an institution of Western international society. It is part of the explanation for the decline of war as an institution, and through its link to popular sovereignty, is also implicated in the rise of the solidarist agendas of human rights and democracy.
A Grotian international society is based on developments that go significantly beyond coexistence, but short of extensive domestic convergence. This definition implies a considerable carry-over of institutions from the Lockean model. It is not difficult to imagine that sovereignty, territoriality, nationalism, diplomacy and international law remain in place, albeit with some elaboration and reinterpretation. Judging by the UN Charter, the practices within the EU, and the still vigorous and interesting debate about unipolarity and multipolarity, great power management can also remain in place. It seems quite likely, however, that Grotian international societies will downgrade or even eliminate war as an institution. Recall Mayall’s (2000: 19) remark that in the twentieth century war became regarded more as the breakdown of international society than as a sign of its operation. If international society is engaged in solidarist cooperative projects, then allowing free scope for war as a legitimate way of changing political control becomes problematic. Neither the liberal economic project nor the big science one can be pursued, at least not universally, in an international society where war remains one of the core institutions. War may not be eliminated, but its legitimate use gets squeezed into a relatively narrow range closely centred on the right to self-defence, and not in violation of the right of national self-determination. The squeezing of war in this way seems likely to downgrade the balance of power as an institution, at least in the robust sense of its meaning in a Lockean international society. In the contemporary international system, this whole nexus of questions is under test by the apparent desire of the US to reassert a right to war for the purposes of combatting terrorism and containing rogue states.
Whether and how this downgrading of balance of power happens may well depend on what kind of solidarist project(s) a Grotian international society pursues, and the question of what other primary institutions such a society might have also hangs on this question. It will make a difference whether the joint project is big science, human rights, collective security, the pursuit of joint economic gain, environmentalism, universal religion, or some combination of these or others. If contemporary Western international society is taken as a model for the possibilities, then the most obvious candidate for elevation to the status of primary institution would be the market. The market means more than just trade. It is a principle of organization and legitimation that affects both how states define and constitute themselves, what kind of other actors they give standing to, and how they interpret sovereignty and territoriality. The market does not necessarily eliminate balance of power as an institution, but it does make its operation much more complicated and contradictory than it would be under mercantilist rules. Whatever its form, it would be surprising if a Grotian international society did not possess a fairly rich collection of secondary institutions.
A Kantian international society is based on the development of a substantial enough range of shared values within a set of states to make them adopt similar political, legal and economic forms. Exactly what this type of society would look like depends hugely on what model of political economy its member states were converging around: liberal democracy, Islamic theocracy, absolutist hereditary monarchy, hierarchical empire, communist totalitarianism, etc.). This choice would largely determine the practices and legal systems that would define the institutions. Some pluralist institutions might well still be in play, though it seems unlikely that war and balance of power would play much of a role. In a liberal version of Kantian international society, the market, property rights, human rights, and democratic relations between government and citizens might well feature as primary institutions. But if the convergence model was Islamic, communist, or some other, then the institutions would be radically different. All three of these forms would probably bring sovereignty and territoriality seriously into question, not necessarily, in Holsti’s (2002: 8-9) scheme, by making them obsolete, but either increasing their complexity or transforming their main functions. Kantian convergence would almost certainly push non-intervention as a corollary of sovereignty towards obsolescence for many purposes. As Kantian developments moved towards confederalism, and the border between international systems and unified ones, one would expect a change in the character of its secondary institutions. There would not just be significant intergovernmental organizations of the forum kind, like the UN, but also secondary institutions of a more integrative sort, like those in the EU. By this stage war would have to be obsolete, balance of power vestigial at best, diplomacy largely transformed into something more like the process of domestic politics, and international law transformed into something more like domestic law, possibly with institutions of enforcement to back it up.

To sum up, one can draw the following conclusions:
§ That it is possible to go some way towards identifying the institutions that would go along with different forms of macro, second-order, societies, but that the possible range of such societies is large, and all of their particularities impossible to predict.
§ That norms, and therefore institutions, can change. This change may be driven by changes in the domestic societies of the member states, or as Hurrell (2002: 146-7) argues about contemporary international society, by promotion by TNAs, by the discursive tendency of norms to expand by filling in gaps, by analogy, by responses to new problems; and/or by debate in IGOs.
§ That there are ’master institutions’ in the sense that some primary institutions nest inside others, but not in the sense that some are constitutive and others regulatory.
§ That while solidarist evolution does build on pluralist foundations initially, it does so not just by direct accumulation, but as solidarism thickens, by dropping or downgrading or transforming some key pluralist institutions.
§ That as Hurrell (2002: 143-4) observes, the set of institutions constituting any given international society may well contain contradictions/tensions among themselves. These contradictions/tensions may well be a key dynamic in the evolution (or decay) of any given international society.
§ That one needs to beware of the limitations of a purely politico-military approach to conceptualising institutions. Economic, societal and environmental institutions can be just as constitutive of players and rules of the game in international societies as can the narrow set of strictly politico-military ones.
If the English school is to sustain its claim to distinctiveness, then it needs to think much more coherently about primary institutions than it has done so far. Primary institutions lie at the core of English school thinking, and they constitute a vital research agenda for both the English school and constructivists. Without a better developed sense of what primary institutions are, and how they constitute international societies, no balance between the rationalist and reflectivist approaches to institutions will be achieved, let alone the synthesis called for by Keohane (1988: 393).


Notes

1. I would like to thank the following for comments on all or parts of earlier versions of this work: Tim Dunne, Stefano Guzzini, Bob Keohane, Anna Leander, Richard Little, Noel Parker, John Ruggie, and Ole W鎣er. I am grateful to the ESRC for funding a two-year teaching buyout which enabled me to focus on this project.

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