The Limits of International LawOxford University Press, 2005年2月3日 - 272 頁 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. |
搜尋書籍內容
第 1 到 5 筆結果,共 49 筆
第 3 頁
... international law: that it lacks a centralized or effective legislature, executive, or judiciary; that it favors powerful over weak states; that it often simply mirrors extant international ... relations. This book seeks to answer these and ...
... international law: that it lacks a centralized or effective legislature, executive, or judiciary; that it favors powerful over weak states; that it often simply mirrors extant international ... relations. This book seeks to answer these and ...
第 4 頁
... international law and international relations scholarship. Assumptions. The. assumption that states act rationally to further their interests is not self-evident. All components of this assumption—that the state is the relevant agent ...
... international law and international relations scholarship. Assumptions. The. assumption that states act rationally to further their interests is not self-evident. All components of this assumption—that the state is the relevant agent ...
第 7 頁
... international relations and has opened many fruitful research agendas. We believe rational choice can shed similar light on international law. Our theory of international law assumes that states act rationally to maximize their ...
... international relations and has opened many fruitful research agendas. We believe rational choice can shed similar light on international law. Our theory of international law assumes that states act rationally to maximize their ...
第 8 頁
... international law and relations (Levy 1997). Such a theory might well result in a more refined understanding of international law and relations. But it might not; individual cognitive errors might have few if any macro effects on ...
... international law and relations (Levy 1997). Such a theory might well result in a more refined understanding of international law and relations. But it might not; individual cognitive errors might have few if any macro effects on ...
第 9 頁
... international law and institutions. To the extent this is true, it would call into question our theory's ability to explain international ... Relations 2002, 19)—compliance with international law will vary predictably with the price of other ...
... international law and institutions. To the extent this is true, it would call into question our theory's ability to explain international ... Relations 2002, 19)—compliance with international law will vary predictably with the price of other ...
內容
3 | |
19 | |
Part 2 Treaties | 79 |
Part 3 Rhetoric Morality and International Law | 163 |
Conclusion | 225 |
Acknowledgments | 227 |
Notes | 229 |
References | 235 |
Index | 253 |
其他版本 - 查看全部
常見字詞
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