Power and Strategies of Rule - Liberal Leviathan: The Origins, Crisis, and Transformation of the American World Order - page 82

43 Legitimacy refers to the normative quality of a political relationship. Legitimacy can be said to exist when
actors—regardless of the underlying conditions of the relationship—see the terms of the relationship as normatively
acceptable. The assumption, however, is that the normative acceptance of the terms of a relationship is related to the
actual terms of the relationship. In this instance, the rules and institutions are assumed to have some actual impact on
the way in which the sup erordinate and subordinate actors in the hegemonic relationship relate to each other—that
is, it reduces the imperial characteristics of rule. But, ultimately, legitimacy hinges on what states believe about the
political relationship. For a discussion of the sources and character of legitimacy within international orders, see Ian
Clark, Legitimacy in International Society (Oxford: Oxford University Press, 2005).
44 See Keohane, After Hegemony ; and Stephen Krasner, “Structural Causes and Regime Consequences: Regimes
as Intervening Variables,” in Stephen Krasner, ed., International Regimes (Ithaca, NY: Cornell University Press,
1983.
45 This logic of this argument is developed in Ikenberry, After Victory , chap. 3.
46 See Rebecca Bill Chavez, The Rule of Law in Nascent Democracies: Judicial Politics in Argentina (Stanford,
CA: Stanford University Press, 2004); Tom Ginsberg, Judicial Review in New Democracies: Constitutional Courts
in Asian Cases (Cambridge: Cambridge University Press, 2003); and Jodi Finkel, Judicial Reform as Political Insur-
ance: Argentina, Peru, and Mexico (Notre Dame, IN: University of Notre Dame Press, 2008). Ran Hirschl describes
this logic as “hegemonic preservation.” See Hirschl, Towards Juristocracy: The Origins and Consequences of the
New Constitutionalism (Cambridge, MA: Harvard University Press, 2004). For additional explorations of constitu-
tionalism and judicial authority as tools of political protection, see Rebecca Chavez, “Rule of Law and Courts in
Democratizing Regimes,” and Thomas Ginsberg, “The Global Spread of Constitutional Review,” both in Keith E.
Whittington, R. Daniel Kelemen, and Gregory A. Caldeira, The Oxford Handbook of Law and Politics (Oxford: Ox-
ford University Press, 2008).
47 Nico Krisch, “International Law in Times of Hegemony: Unequal Power and the Shaping of the International
Legal Order,” European Journal of International Law 16, no. 3 (2005), 374.
48 For discussions of the relationship between power politics—including hegemony—and international law, see
Richard H. Steinberg and Jonathan M. Zasloff, “Power and International Law,” American Journal of International
Law 100 (2006), 64-87; and Detlev F. Vagts, “Hegemonic International Law,” American Journal of International
Law 95 (2001).
49 For a discussion of the various ways that the United States has sought to build hierarchy into international law
and control the content of international law without becoming subject to it, see Nico Krisch, “More equal than the
rest? Hierarchy, equality and US predominance in international law,” in Michael Byers and Georg Nolte, eds., Un-
ited States Hegemony and the Foundations of International Law (Cambridge: Cambridge University Press, 2003),
156-66; and Nico Krisch, “Weak as Constraint, Strong as Tool: The Place of International Law in U.S. Foreign
Policy,” in David Malone and Yuen Foong Khong, eds., Unilateralism and U.S. Foreign Policy: International Per-
spectives (Boulder, CO: Lynne Rienner, 2003).
50 See Miles Kahler, “Conclusion: The Causes and Consequences of Legalization,” in Goldstein et al., Legal-
ization and World Politics , 281-82; and Abbott and Snidal, “Hard and Soft Law in International Governance,” in
Goldstein et al., Legalization and World Politics , 63-66.
51 On institutionalized monitoring and enforcement as measures of regime strength, see Keohane, After Hege-
mony ; and Goldstein et al., Legalization and World Politics .
52 See Ikenberry, After Victory , chap. 3.
53 See Scott James and David Lake, “The Second Face of Hegemony,” International Organization 43, no. 1
(Winter 1989), 1-29.
54 Krisch, “More equal than the rest?” 163.
55 Drezner, All Politics Is Global , 59.
56 On the export of domestic standards, see also Beth Simmons, “The International Politics of Harmonization:
The Case of Capital Market Regulation,” International Organization 55, no. 3 (Autumn 2001), 589-620; and David