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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.
This book investigates the extent to which international law influences state behavior and whether it functions as a meaningful constraint on national policy. Jack L. Goldsmith and Eric Posner, both established legal scholars, analyze the intersection of international law and state interest. They argue that while international law is not irrelevant, its power is significantly overstated by legal experts and public officials. The authors posit that international law is primarily a tool for states to advance their own interests rather than a mechanism that forces compliance against national will.
What You Will Find
Experts frequently cite this work as a provocative challenge to traditional liberal institutionalist views on international law. Readers often note the analytical rigor of the authors' rationalist approach, which provides a stark, realistic assessment of legal efficacy in global politics.
Page Count:
272
Publication Date:
2007-01-01
Publisher:
Oxford University Press
ISBN-10:
019803766X
ISBN-13:
9780198037668
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