Monday, November 5, 2018

The Limits Of The International Law

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This book seeks to answer these and many other related questions. It seeks to explain how international law works by integrating the study of international law with the realities of international politics. Our theory gives pride of place to two elements of international politics usually neglected or discounted by international law scholars: state power and state interest. And it uses a methodological tool infrequently used in international law scholarship, rational choice theory, to analyze these factors. Put briefly, our theory is that international law emerges from states acting rationally to maximize their interests, given their perceptions of the interests of other states and the distribution of state power. We are not the first to invoke the idea of state interest to explain the rules of international law (Oppenheim 1912). But too often this idea is invoked in a vague and conclusory fashion. Our aim is to integrate the notion of state interest with simple rational choice models in order to offer a comprehensive theory of international law. We also draw normative lessons from our analysis. This introduction discusses the assumptions of our analysis, sketches our theory in very general terms, and locates our position among the various schools of international law and international relations scholarship.

Part 1:- Customary International Law
1 A Theory of Customary International Law
2 Case Studies
Part 2:- Treaties
3 A Theory of International Agreements
4 Human Rights
5 International Trade
Part 3:- Rhetoric, Morality, and International Law
6 A Theory of International Rhetoric
7 International Law and Moral Obligation
8 Liberal Democracy and Cosmopolitan Duty

Author Details
Jack L. Goldsmith
Eric A. Posner

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