Details
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.
Features
- Guzman is a widely recognized authority on international law: He has published extensively on international law and on international relations theory and compliance
- First volume to emphasize the role of international law on domestic decision-making and the first book to apply social-science ideas to the ever-expanding field of international law
- Cross-disciplinary audience: increasing conversations among political scientists and international law scholars as well as joint conferences on topics like compliance with international law and international dispute resolution will appeal to scholars of international relations as well as international law
- Contents:
- 1. Introduction ; International Law at Work
- Methodology
- Compliance and Effectiveness in International Law
- The Scope of the Book
- 2. A General Theory of International Law ; Games States Play
- The Three Rs of Compliance
- International Tribunals and State Responsibility
- Payoffs and Strategies Over Time
- Modulating the Level of Commitment
- Coercion and International Agreements
- Multilateral Cooperation
- 3. Reputation ; How Reputation is Gained and Lost
- Managing Reputation Over Time
- The Role of Information
- The Compartmentalizing of Reputation
- Limits and Caveats
- 4. International Agreements ; Why Do States Make Agreements?
- Matters of Form
- The Interaction of Form and Substance
- The Scope of Agreements
- Membership in International Agreements
- Conclusion
- 5. Customary International Law ; The Traditional Definition of CIL
- Rational Choice Critics
- Compliance and CIL
- Opinio Juris
- State Practice
- An Example of CIL: Pacta Sunt Servanda
- CIL and Other International Law
- 6. Understanding International Law ; Notes
- Bibliography
- Index ;
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.
"Engaging and enterprising...Guzman presents a highly engaging and compelling theory of the forces behind international law...the book is very readable and offers a valuable perspective to anyone with an interest in international law or politics."--International Law and Politics
"At last! A comprehensive rational choice account of international law that demonstrates why international law does work rather than why it does not. Andrew Guzman demonstrates remarkable mastery of both the international law and the international relations literature, drawing them together in ways that put theoretical and empirical flesh on the bones of more traditional international lawyers' assertions.How International Law Works is an important contribution to an ongoing debate and is bound to inspire further debates of its own."--Anne-Marie Slaughter, Dean, Woodrow Wilson School of Public and International Affairs, Princeton University, and former President of the American Society of International Law
"Guzman's lucid account of international law from a rationalist-institutionalist perspective presents his core concepts of reputation, reciprocity and retaliation in inter-state relations with a clarity that is ideal for students of law and political science, while making excellent use of his expertise in international law and economics to generate research agendas and insights into existing practices and legal doctrines that will enrich specialist international law scholarship even among those who take entirely different approaches to the field."--Benedict Kingsbury, Director, Institute for International Law and Justice NYU Law School
"This is a crisply written, theoretically rigorous, and lucid argument about why international treaties, rules of custom, and even 'soft law' are more than forms of 'cheap talk.' Guzman tells us, in the modern language of game theory, why policymakers care when they give their 'word.'"--Jose E. Alvarez, Hamilton Fish Professor of International Law & Diplomacy Columbia Law School
