Under what conditions do South American states create regional institutions that consolidate or undermine the liberal international order (LIO)? To address this question, we compare two cases of contestation of the LIO through counter-institutionalization in the domains of migration and election monitoring, both of which are closely related to the LIO’s core political principles. We argue that the variation in the effects of counter-institutionalization—LIO-consolidating in the case of migration and LIO-undermining in the case of election monitoring—results from the interaction of two explanatory factors: the source of dissatisfaction with the LIO’s norms and institutions in a specific domain, and the preferences of the state that exercises regional leadership in support of counter-institutionalization. The article sheds light on the coexistence of liberal and illiberal tendencies in South America’s regionalism and contributes to the debate on the determinants and effects of contestations of the LIO in the Global South.

International Relations (IR) accounts of the post–World War II international order often claim that after its defeat, Germany ‘transformed’ from a fascist, militaristic, and racist state into a model liberal democracy, facilitating its full rehabilitation and integration into Western institutions and alliances. Yet a closer examination of post-war German domestic and international politics challenges this account: denazification was widely reviled, survivors faced ongoing persecution, and a retooled antisemitism asserted itself in international diplomacy. This article offers the concept of adaptive politics to capture how collectively held beliefs, identities, policies, and conduct travel across incisive political events like defeat in war, occupation, and genocide, outlining the complex concurrence of continuity, adaptation, and change in their aftermath. Drawing on theories of sovereignty, biopolitics, racism, and antisemitism, the article tracks the unfolding of West German adaptive politics in the immediate post-war period, focusing on efforts to exonerate perpetrators, modifications of racism and antisemitism, and the role of the trauma diagnosis in debilitating survivors. By sanitising this history, IR scholarship positions the post-war liberal international order, and the international politics of the West more broadly, as entirely disconnected from the disordered conduct associated with Nazism.

The post-World War II liberal international order coupled trade liberalization with a range of flanking measures, both outward-looking and inward-looking. This system, coupling domestic-level compensation with international-level flexibility, no longer functions as effectively as it once did. To consider how a renewed set of flanking policies might address, or even prevent, a backlash against trade liberalization, we explore why the earlier system (embedded liberalism plus temporarily tolerated relief) did not always function effectively. We note the challenges associated with generous domestic compensation schemes, especially in the face of capital mobility and fiscal pressures. We discuss the interstate tensions generated by the use of temporary relief measures, such as escape clauses and safeguards, and we also discuss how the expansion in membership of the multilateral trade system (and particularly the inclusion of countries with a greater array of economic institutions and factor endowments) exacerbates these challenges. Finally, we consider how the domestic politics of flanking policies could differ from those used in an earlier era.

Cracks in the liberal international order (LIO) have been occurring since its very formation. Yet, some international relations scholarship frames the narrative about imminent threats to the LIO as if such threats were new. From a postcolonial vantage point, this essay contends that mainstream theorizing about international order is problematically Eurocentric and develops a three-pronged argument. In the first place, the essay argues for understanding order as a command or as an imposition. Order as a command renders visible power disparities, injustices, and inequalities of the international order as seen by actors from below. Second, the essay leans on Edward Said's contrapuntal reading method to show that experiences of order are plural rather than singular or universal. Third, the essay argues that from a postcolonial perspective, the opposite of order is not chaos or volatility but rather agency or the authorship to be a rule maker. A full picture of order as imposition requires understanding how togetherness and sameness are modes for Global South actors to find collective unity to resist the injustices and inequalities of the LIO.

One of the problems with the problem of world order is that what makes for order within societies is often precisely what makes for disorderly relations between them. I argue in this short essay that many of the problems with the problem of world order arise from assumptions that are widely shared within a discipline where the language of power and interest dominates and where a view of states as “like units” permeates. With more emphasis on values and visions of the good life, and acceptance that the ontological foundation of IR is difference rather than sameness, the debates about the problem of world order would take on a different form. The essay adapts the work of Hedley Bull and introduces the concept of “resilience-governance” to distinguish between resilience as a practice of self-governance taking place within ordering domains and resilience as a practice of “diversity-governance” taking place between ordering domains. The combination of the two allows for a bifocal view into how practices of resilience as self-governance may produce order within individual domains but will at the same time increase diversity and difference between the ordering domains, hence making the practices of resilience as diversity-governance much more challenging.

This article aims to make a threefold contribution to the study of soft power. First, considering that the potential of soft power of illiberal states is both underestimated and distorted, this study presents a two-dimensional conceptualization of Russia’s soft power, distinguishing between Russia’s posture toward the liberal international order, and sources of Russia’s foreign policy. Second, it analyzes whether Russian soft power in the Western Balkan countries remains ideologically relevant beyond its hitherto conceptualizations as either the result of its historic cultural ties with the region, or a reflection of Russian foreign policy strategies. Through an analysis of elite discourses and news media as exemplified in speeches, press releases, and interviews, this article locates, challenges, and develops on Russia’s soft power indicators in the Western Balkans. Finally, it contributes to surmounting the residing liberal democratic bias in the study of soft power of illiberal states, showing that not only can they be ideologically attractive but that their scope of influence differs according to the multi-layered nature of soft power.

International Economic Law (IEL) has largely regulated cross-border trade and investment in the post-WWII world. IEL has become an important part of the Liberal International Order that prescribes a set of rule-based relationships for international cooperation based on political liberalism, economic liberalism, and liberal internationalism. However, economic globalization has witnessed a relative decline, especially after the 2008 global financial crisis and the COVID-19 pandemic. This form of ‘de-globalization’ challenges the assumptions upon which modern IEL is premised. This introductory article to the special issue on ‘Domestic Investment Laws and International Economic Law in the Liberal International Order’ explains how domestic law has started playing an increasingly important role in regulating foreign investment. Often overlooked instruments such as Domestic Investment Laws, Investment Screening Mechanisms, and Investment Promotion Agencies are now important tools in promoting or restricting foreign investment flows. Expanding on this premise, the article examines the transition from international to domestic in the Liberal International Order with a focus on Domestic Investment Laws. The move to domestic law does not signal a new era of economic isolation for States. Instead, it presents an effort to achieve similar ends of attracting foreign investors using different means while exercising more control over foreign investment.

In today's data-driven economy, data have been dubbed as the new oil. Hence, a close relationship is shared between the increasing amounts of international investments and the increasing volumes of cross-border data flows. The aim of this article is to discuss the legal aspects of the new data paradigm in the international economy and place this discussion in the larger framework of globalization and the Liberal International Order. The central thesis of the article revolves around the crucial role played by domestic laws in the fragmentation of international investment law. The article further discusses the interplay between national and international legal landscapes and how the changing nature of the Liberal International Order is affecting the flow of data across borders. In this context, it also discusses the issues that are presented by a lack of any comprehensive international framework governing Cross-Border Data Flows. The need to update existing agreements and laws in order to factor in digital investment is also highlighted.

Under the Liberal International Order (LIO) of the post-WWII years, foreign investment protection was meant to be granted by international law and institutions. But current economic de-globalization is giving way to institutional and legal de-globalization. Domestic laws relating to foreign investment, especially in the form of Domestic Investment Laws, are taking over International Investment Agreements as the standard means of regulating cross-border trade and investment flows. The article compares substantive and procedural standards of investor protection in international and domestic investment law, as well as old and new Domestic Investment Laws, with a focus on non-discrimination and dispute settlement. The move to domestic law in IEL does not always signify a trend for most states to isolate themselves from the international economy. Rather, it is often an effort to achieve similar ends as those of the LIO but using different means. The article discusses an alternative political economy framework for an international (economic) law of ends, the cornerstone of which is the right to hospitality.

Domestic Investment Laws (DILs), a prominent tool of contemporary unilateral International Economic Law (IEL) in the context of the Liberal International Order (LIO), consistently provide for investment incentives as a key aspect of domestic industrial policies geared to influence investment location decisions. The various types of investment incentives include fiscal measures to attract investment, direct subsidies, and other regulatory measures aimed at creating favorable administrative and regulatory conditions for investment. This article analyzes how the provisions of the World Trade Organization (WTO) Agreements contain basic disciplines and set limitations for the distortive effects of investment incentives. It is argued that the relevance of WTO law for domestic investment incentives should not be under-stated; rather, DILs providing investment incentives should be treated as a limited exception to the ongoing move from international to domestic in the era of the LIO.

The conflict in Ukraine indicates some of the features of a potential post-liberal order and raises several potential ethical issues that may arise for international interventions as the world changes. What types of interventions, if any, are justifiable in response to situations such as the one in Ukraine? Can interventions be permissible given the potential undermining of universalist claims that are often used to support them? How should states prioritize between situations if there is an even greater number of global challenges in a post-liberal order? Three new books—Solferino 21 by Hugo Slim, Decolonizing Human Rights by Abdullahi Ahmed An-Naim, and Promoting Justice across Borders by Lucia Rafanelli—can help to navigate these questions. Drawing on their insights, this essay argues that reform interventions can be justified to defend the liberal international order, that intervention can be defended from a relativist basis, and that socioeconomic rights should be given greater priority.