Dynamics of International Norm Change: Rules against Wartime Plunder

Abstract

International norms change over time, but we do not fully understand how and why they evolve as they do. In this article, I explore a general model of international norm change. The model builds on two foundations. First, normative systems themselves generate tensions that lead to change. Those tensions are of two major types: (1) conflicts between the generality of rules and the specificity of concrete experience; and (2) conflicts between separate bodies of rules. Second, specific disputes push these normative conflicts to the fore and provoke arguments about the meaning and application of rules. The outcomes of those arguments necessarily modify the rules. The process of normative change is thus a cycle, linking rules to actions to arguments, which in turn reshape the rules. In order to explore the empirical utility of the model, the article assesses the evolution of the rules of war with respect to the plundering of artistic and cultural treasures. Relying on both secondary and archival materials, the analysis focuses on two crucial turns through the cycle of normative change, the Napoleonic Wars and World War II. The empirical account shows that the cycle of normative change depicted in the abstract does correspond to real-world processes.