Various notions of the state are considered, with its origins and the limits set to its importance by globalization; among them, Webers thesis of the state as characterized by the monopoly of legitimate force, and Marxs theory of the state as an instrument of class power. Rousseaus theory of the social contract (and its implications) is contrasted to Humes notion of tacit consent. The ordoliberal idea of the necessity of a legal construction of the market is contrasted to Hayeks theory of a spontaneous order (grown order rather than made order). Issues of personal security (police) and the administration of justice are discussed, then national defence and military power. The notion (and limits) of the state as a countervailing power to economic power is then considered, with specific attention to the welfare state (and national differences in its realization) and to types of regulation (connected to the notion of different kinds of capitalism).

This chapter discusses the ways in which States and IOs need to continue engaging with the treaty throughout its life. It illustrates continuing engagement at the domestic or internal level and on the international plane, and how these processes interact with each other. It focuses on issues arising from engagement with treaty institutions such as Conference of Parties, reporting requirements in treaties, the role of treaty secretariats and compliance mechanisms. It also looks at continuing engagement with treaty acts, in particular the handling of amendments, reservations and declarations by other parties, and interpretation and application of treaties by domestic courts.