The Limits of International LawInternational law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities. |
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... . International law—Philosophy. 2. International law—Moral and ethical aspects. I. Posner, Eric A. II. Title. KZ3160.P67A38 2005 341'.01—dc22 2004008190 1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid-free paper.
... . International law—Philosophy. 2. International law—Moral and ethical aspects. I. Posner, Eric A. II. Title. KZ3160.P67A38 2005 341'.01—dc22 2004008190 1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid-free paper.
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... United States was a state, and instead began to believe that they were citizens of Indiana or Texas or some other subunit, then the United States would cease to exist and numerous new states would come into existence. (This is in effect ...
... United States was a state, and instead began to believe that they were citizens of Indiana or Texas or some other subunit, then the United States would cease to exist and numerous new states would come into existence. (This is in effect ...
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... United States. The United States remains bound by these obligations until a future government withdraws the United States from the treaty. Moreover, although states are collectivities, they arrange themselves to act like agents, just as ...
... United States. The United States remains bound by these obligations until a future government withdraws the United States from the treaty. Moreover, although states are collectivities, they arrange themselves to act like agents, just as ...
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... United Nations, the World Trade Organization, the Law of the Sea regime, and the European Union. This view betrays a lack of historical perspective. For there is another form of international law besides treaties: customary ...
... United Nations, the World Trade Organization, the Law of the Sea regime, and the European Union. This view betrays a lack of historical perspective. For there is another form of international law besides treaties: customary ...
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... United Nations General Assembly resolutions and other nonbinding statements and resolutions by multilateral bodies are often viewed as evidence of customary international law. Those who study and use customary international law—courts ...
... United Nations General Assembly resolutions and other nonbinding statements and resolutions by multilateral bodies are often viewed as evidence of customary international law. Those who study and use customary international law—courts ...
Contents
3 | |
19 | |
Part 2 Treaties | 79 |
Part 3 Rhetoric Morality and International Law | 163 |
Conclusion | 225 |
Acknowledgments | 227 |
Notes | 229 |
References | 235 |
Index | 253 |
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argue behavioral regularity belligerent benefits bilateral Britain British chapter cheap talk citizens claim coastal fishing vessels coercion coincidence of interest collective action problems commitment compliance comply with international consent coordination game cosmopolitan cosmopolitan action cosmopolitan duties cosmopolitan sentiments costs Court customary international law democratic diplomatic diplomatic immunity domestic law enforcement engage evidence example explain fishing vessel exemption foreign policy free ships GATT human rights abuses human rights law human rights treaties ICCPR individuals institutions international relations leaders legal obligation liberal democracies ment military moral obligation multilateral treaties navy negotiations neutral ships nonlegal agreements norms opinio juris other’s Paquete Habana parties payoffs preferences ratify rational choice rational choice theory reason reflect regime retaliation RUDs self-interest sense of legal slave trade Soviet Union state’s talk tariffs ternational territorial sea three-mile rule tions trade barriers trade treaties U.S. Civil War United vessel exemption rule violate voters