The Limits of International Law

by Goldsmith, Jack L.; Posner, Eric A.

• ISBN13: 9780195168396
• ISBN10: 0195168399
• Format: Hardcover
• Copyright: 2005-02-03
• Publisher: Oxford University Press

Summary

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.

Author Biography

Jack L. Goldsmith is Professor of Law, Harvard University. He is author of casebooks on Foreign Relations Law and Conflicts of Laws.

Eric A. Posner is Kirkland & Ellis Professor of Law, University of Chicago. He is the author of Law and Social Norms and the editor of the Journal of Legal Studies.

Table of Contents

Introduction	3	(20)
Part 1 Customary International Law
1 A Theory of Customary International Law	23	(22)
2 Case Studies	45	(38)
Part 2 Treaties
3 A Theory of International Agreements	83	(24)
4 Human Rights	107	(28)
5 International Trade	135	(32)
Part 3 Rhetoric, Morality, and International Law
6 A Theory of International Rhetoric	167	(18)
7 International Law and Moral Obligation	185	(20)
8 Liberal Democracy and Cosmopolitan Duty	205	(20)
Conclusion	225	(2)
Acknowledgments	227	(2)
Notes	229	(6)
References	235	(18)
Index	253