Realist constructivism: a new perspective on norm theory

Abstract

We contribute to the advancement of scholarship on realist constructivism by illustrating its potential to enrich norm theory and elucidate the role of states in shaping identities. The primary challenge in fully realizing the potential of realist constructivism lies in reconciling constructivists' perspectives on norms as carriers of universal ethical standards with realists' emphasis on their instrumental value for state interests. We address this contradiction by highlighting the existence of two distinct types of norms: individual and group norms. Individual norms are grounded in fundamental and inalienable human rights, exhibiting universality and resilience. In contrast, group norms primarily address collective rights and interests, rendering them more susceptible to instrumentalization by states and thus more contingent and changeable. Realist constructivism enables us to acknowledge the coexistence of both types of norms and analyze their interactions. Our framework is empirically tested using two norms concerning individual rights (the norm against anti-personnel landmines and the norm against torture), two norms related to group interests (the norm promoting the green energy transition and the norm of world-class universities), and one borderline case (the norm against genocide). We show that efforts to frame norms of the second category and to graft them onto the human rights discource have yielded intriguing outcomes, legitimizing and empowering new principles of interntional governance. Conversely, the instrumentalization of norms from the first category to serve national interests can weaken them, leading to a loss of credibility on the international stage.