The Limits of International LawOxford University Press, 03/02/2005 - 272 من الصفحات International 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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الصفحة 5
... domestic courts regardless of who happens to be in control of the corporation. Still, state interests can be identified (as we explain later), and through various domestic institutions states can and do maintain their corporate identity ...
... domestic courts regardless of who happens to be in control of the corporation. Still, state interests can be identified (as we explain later), and through various domestic institutions states can and do maintain their corporate identity ...
الصفحة 6
... domestic interest groups that affect a state's international trade policy—we will depart from this simplifying assumption and consider how various domestic groups and institutions influence the political leadership's decisions related ...
... domestic interest groups that affect a state's international trade policy—we will depart from this simplifying assumption and consider how various domestic groups and institutions influence the political leadership's decisions related ...
الصفحة 7
... law must account for the agency slack of domestic politics, and we do so primarily by focusing on what leaders maximize (see Krasner 1999). One consequence of this approach is that our use of the term “state interest” is merely ...
... law must account for the agency slack of domestic politics, and we do so primarily by focusing on what leaders maximize (see Krasner 1999). One consequence of this approach is that our use of the term “state interest” is merely ...
الصفحة 8
... law, or, for that matter, even domestic law, would be suspect. Cycling is probably most prevalent not in states but in pre- or nonstates, that is, in aggregations of people who cannot develop stable institutions. As explained earlier ...
... law, or, for that matter, even domestic law, would be suspect. Cycling is probably most prevalent not in states but in pre- or nonstates, that is, in aggregations of people who cannot develop stable institutions. As explained earlier ...
الصفحة 12
... domestic life is driving: all parties do better if they coordinate on driving on the right, or driving on the left, than if they choose different actions. A third possible explanation for the border is cooperation. States A and B would ...
... domestic life is driving: all parties do better if they coordinate on driving on the right, or driving on the left, than if they choose different actions. A third possible explanation for the border is cooperation. States A and B would ...
المحتوى
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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