Oxford University Press, USA
How International Law Works: A Rational Choice Theory
How International Law Works: A Rational Choice Theory
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How International Law Works presents a theory of international law, how it operates, and why it works. Though appeals to international law have grown ever more central to international disputes and international relations, there is no well-developed, comprehensive theory of how international
law shapes policy outcomes. Filling a conspicuous gap in the literature on international law, Andrew T. Guzman builds a coherent theory from the ground up and applies it to the foundations of the international legal system. Using tools from across the social sciences Guzman deploys a rational choice methodology to explain how
a legal system can succeed in the absence of coercive enforcement. He demonstrates how even rational and selfish states are motivated by concerns about reciprocal non-compliance, retaliation, and reputation to comply with their international legal commitments. Contradicting the conventional view of the subject among international legal scholars, Guzman argues that the primary sources of international commitment--formal treaties, customary international law, soft law, and even international norms--must be understood as various points on a spectrum of
commitment rather than wholly distinct legal structures. Taking a rigorous and theoretically sound look at international law, How International Law Works provides an in-depth, thoroughgoing guide to the complexities of international law, offers guidance to those managing relations among nations, and helps us to understand when we can look to international
law to resolve problems, and when we must accept that we live in an anarchic world in which some issues can be resolved only through politics.
Author: Andrew T. Guzman
Publisher: Oxford University Press, USA
Published: 01/08/2008
Pages: 272
Binding Type: Hardcover
Weight: 1.30lbs
Size: 9.41h x 6.48w x 0.80d
ISBN: 9780195305562
law shapes policy outcomes. Filling a conspicuous gap in the literature on international law, Andrew T. Guzman builds a coherent theory from the ground up and applies it to the foundations of the international legal system. Using tools from across the social sciences Guzman deploys a rational choice methodology to explain how
a legal system can succeed in the absence of coercive enforcement. He demonstrates how even rational and selfish states are motivated by concerns about reciprocal non-compliance, retaliation, and reputation to comply with their international legal commitments. Contradicting the conventional view of the subject among international legal scholars, Guzman argues that the primary sources of international commitment--formal treaties, customary international law, soft law, and even international norms--must be understood as various points on a spectrum of
commitment rather than wholly distinct legal structures. Taking a rigorous and theoretically sound look at international law, How International Law Works provides an in-depth, thoroughgoing guide to the complexities of international law, offers guidance to those managing relations among nations, and helps us to understand when we can look to international
law to resolve problems, and when we must accept that we live in an anarchic world in which some issues can be resolved only through politics.
Author: Andrew T. Guzman
Publisher: Oxford University Press, USA
Published: 01/08/2008
Pages: 272
Binding Type: Hardcover
Weight: 1.30lbs
Size: 9.41h x 6.48w x 0.80d
ISBN: 9780195305562
About the Author
Andrew T. Guzman is Professor of Law and Director of the International Legal Studies Program at Boalt Hall School of Law, at the University of California, Berkeley. He has written extensively on international trade, international regulatory matters, foreign direct investment and public international law and has published in law, economics, and political science journals.
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