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² There are major exceptions, including the work represented by the various contributions to Double Edged Diplomacy: International Bargaining And Domestic Politics, Peter B. Evans Et Al. Eds., (1993), many of which were influenced by Putnam, Robert B., Diplomacy and Domestic Politics: The Logic of Two-Level Games , 42 INT’L ORG. 427 (1988)Google Scholar .

³ A useful survey is Zacher, Mark & Matthew, Richard, Liberal International Theory: Common Threads, Divergent Strands, in Realism And The Neoliberal Challenge: Controversies In International Relations Theory (Charles Kegley ed., forthcoming)Google Scholar.

⁴ On the notion of civil society and its relationship to political and sociological theory, see Cohen, Jean & Arato, Andrew, Civil Society And Political Theory (1992) and KEITH TESTER, CIVIL SOCIETY (1992). The argument that the state is gradually being displaced by the emergence of transnational or global civil society is made in spirited fashion in The State and Social Power in Global Environmental Politics (Ronnie D. Lipschutz & Ken Conca eds., 1993)Google Scholar.

⁵ The argument that the world may usefully be understood as divided into zones of peace (associated with democracy and market democracy, and tending to grow) and turmoil is developed in Max Singer & Aaron Wildavsky, the Real World Order: Zones of Peace/Zones of Turmoil (1993). Arguments that international relations should be analyzed in terms of transnational civil society are by no means the exclusive preserve of adherents of liberal theories of politics and international relatio

⁶ I am not aware of any fully worked account of international law based on a liberal theory of transnational civil society. I am here responding to an amalgam of suggestions (often tentative) by different writers on international law and international relations. The most sustained treatment of these issues is in the work of Burley, Anne-Marie Slaughter, especially International Law and International Relations Theory: A Dual Agenda , 87 AJIL 205 (1993)Google Scholar.

⁷ See, e.g., Waltz, Kenneth, Theory Of International Politics (1979)Google Scholar; Keohane, Robert O., After Hegemony: Cooperation and Discord in the World Political Economy (1984)Google Scholar; And Neorealism And Neo-Liberalism (David Baldwin ed., 1993).

⁸ See especially Martin Wight, International Theory: the Three Traditions (1991), a posthumous compilation based mainly on lectures delivered in the 1950s; and HEDLEY BULL, THE ANARCHICAL SOCIETY: A STUDY OF ORDER IN WORLD POLITICS (1977). See also Buzan, Barry, From International System to International Society: Structural Realism and Regime Theory Meet the English School, Al INT’L ORG. 327-352 (1993)Google Scholar.

⁹ See Kingsbury, Benedict, “Indigenous Peoples” as an International Legal Concept, in Indigenous Peoples In Asia, (R. H. Barnes et al., eds., forthcoming 1994)Google Scholar.

¹⁰ The boundaries of the category were again debated in the corridors of the 1993 UN Working Group on Indigenous Populations, prompted partly by the attendance for the first time of the members of the Reheboth Baster community, an Afrikaans-speaking group of whites whose forebears moved to an area near Windhoek in the 1870s, prior to proclamation of the German colony, and now describe themselves as an indigenous people threatened by policies of the Namibian Government.

¹¹ Walker, R. B. J., Inside/Outside: International Relations As Political Theory 159-83 (1993)Google Scholar.

¹² Bull, Hedley, supra note 8, at 13 Google Scholar.

¹³ See, e.g., Bull, Hedley, The Grotian Conception of International Society, in Diplomatic Investigations, supra note 1, at 51-73 Google Scholar; Bull, , The Importance of Grotius in the Study of International Relations, in Hugo Grotius and International Relations 65-93 (Hedley Bull et al eds., 1990)Google Scholar; and Kingbury, Benedict & Roberts, Adam, Introduction: Grotian Thought in International Relations, id . at 1-64 Google Scholar. This material, along with the lines of thought sketched in Hedley Bull, Justice In International Relations (1984), indicates that it is erroneous to regard Bull’s account as simply a standard realist theory of power politics.

¹⁴ Nardin, Terry, Law, Morality, And The Relations Of States 1-24 (1983)Google Scholar.

¹⁵ “The Mythology of Sovereignty” in State Sovereignty: The Challenge of a Changing World, 21 Proc. Canadian Council Of International Law 15, 17 (1992). Also in Essays In Honour Of Wang Tieya 351, 353 (Ronald St. John Macdonald ed., 1994).

¹⁶ Military and Paramilitary Activities (Nicaragua v. United States), 1986 ICJ REP. 131-32. See also Crawford, James, Democracy and International Law , 64 British Year Book Of International Law 113 (1993)Google Scholar.

¹⁷ Mikmaq Tribal Society v. Canada, UN Doc. CCPR/C/43/D/205/1986 (1991).

¹⁸ Thomas M. Franck, Rosalyn Higgins, Alain Pellet, Malcolm N. Shaw, & Christian Tomuschat, L’intégrité territoriale du Québec dans I’hypothése de l’accession à la souveraineté (Appendix, Draft Report of the Committee to Examine Matters Relating to the Accession of Quebec to Sovereignty, National Assembly of Quebec, 1992).

¹⁹ Supra note 6, at 226

²⁰ The Tragedy of Cold War History, 17 Diplomatic History 1, at 8, 9 (1993). A slightly adapted version of this article appeared in 73 Foreign Aff. 142 (1994)

²¹ See, e.g., Charles Beitz, Political Theory and International Relations (1979).

²² See Halliday, Fred, International Society as Homogeneity: Burke, Marx, Fukuyama in 21 Millennium 435 (1992)Google Scholar; see generally Chris Brown, International Relations Theory: New Normative Approaches (1992).

²³ Zacher, Mark W., The Decaying Pillars of the Westphalian Temple: Implications for International Order and Governance, in Governance Without Government: Order And Change In World Politics 58 (James N. Rosenau & Ernst-Otto Czempiel eds., 1992)Google Scholar.

²⁴ Supra note 9, esp. chapters by Gray and Barnes.

²⁵ Cf. Bjelke-Petersen, Koowarta v., 153 Commonwealth L. Rep . 168 (1982)Google Scholar.

²⁶ Cf. Burley, Anne-Marie, Law Among Liberal States: Liberal Internationalism and the Act of State Doctrine , 92 Colum. L. Rev. 1907 (1992)Google Scholar.

²⁷ Calder v. Attorney-General of British Columbia, Canadian Supreme Court Reports 313 (1973); Guerin v. R, 2 Canadian Supreme Court Reports 335 (1984); R. v. Sparrow, 1 Canadian Supreme Court Reports 1075 (1990); New Zealand Maori Council v. Attorney-General, 1 New Zealand L. REP. 641; Te Runanga o Muriwhenua Inc. v. Attorney-General, 2 New Zealand L. REP. 641 (1990); Mabo v. Queensland, 175 Commonwealth L. Rep. 1 (1992).

²⁸ United States v. Washington, 384 F.Supp 312 (1974). See also Washington v. Washington State Commercial Passenger Fishing Vessel Ass’n, 443 U.S. 658 (1979); Waitangi Tribunal, Muriwhenua Fishing Report 22 (1988).

²⁹ Koh, Harold H., Transnational Public Law Litigation, 100 Yale L. J. 2347 (1991)Google Scholar.

³⁰ Goodin, Robert E., What Is So Special About Our Fellow Countrymen?, 98 Ethics 663 (July 1988)Google Scholar.

³¹ Ekeh, Peter P., Social Anthropology and Two Contrasting Uses of Tribalism in Africa, in 32 Comp. Stud. Soc’y & Hist. 660 (1990)Google Scholar.

³² Miller, David, The Ethical Significance of Nationality, 98 Ethics 647 (1988)Google Scholar.

³³ Cf., supra note 11, at 79.

³⁴ See, e.g., Scott, Craig, Dialogical Sovereignty: Preliminary Metaphorical Musings, in 21 Proc. Canadian Council Of International Law 267, 275 (1992)Google Scholar. A revised and much extended version of this paper is forthcoming.

³⁵ See Hugo Grotius and International Relations, supra note 13, at 14.

³⁶ Rawls, John, The Law of Peoples , in On Human Rights 41 (Stephen Shute & Susan Hurley eds., 1993)Google Scholar.

³⁷ Supra note 36, at 59.

³⁸ See, e.g., Kingsbury, Benedict, Claims by Non-State Groups in International Law, 25 Cornell Int’l L. J. 481 (1992)Google Scholar.

³⁹ Tennant, Chris, Indigenous Peoples, International Institutions, and the International Legal Literature from 1945-1993, 16 Hum. Rts. Q. 1 (1994)Google Scholar.

⁴⁰ See Farer, Tom, Collectively Defending Democracy in a World of Sovereign States: The Western Hemisphere’s Prospect, 15 Hum. Rts. Q. 716 (1993)Google Scholar.