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How International Law Works - A Rational Choice Theory (Hardcover)
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How International Law Works - A Rational Choice Theory (Hardcover)
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International relations are full of appeals to and claims about
international law. From intellectual property, to human rights, to
environment, to investment, to health and safety, issues that have
traditionally been almost exclusively within the purview of
domestic lawmakers are now the subject of international legal
obligations. Yet despite the importance of international law, there
are no well-developed set of theories on the ways in which
international law impacts domestic decision makers. Filling a
conspicuous gap in the legal literature, Andrew T. Guzman's How
International Law Works develops a coherent theory of international
law and applies that theory to the primary sources of law,
treaties, customary international law, and soft law. Starting where
most non-specialists start, Guzman looks at how a legal system
without enforcement tools can succeed. If international law is not
enforced through coercive tools, how is it enforced at all? And why
would states comply with it? Supporting the traditional
international law view that international law matters and affects
state behavior, Guzman offers a theory of international law that
assumes states behave rationally and selfishly. The author argues
that at the heart of compliance with international law is the basic
fact that a failure to live up to legal obligations today will
impact a country's ability to extract concessions for legal
promises in the future. Under this reputational model, the
violation of international law generates a costly loss of
reputation and the threat of this loss provides an incentive to
comply. A reputational theory suggests when and where international
law is likely to be effective and ways to maximize its ability to
advance the goal of international cooperation. Understanding
international law in a world of rational states 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
and must leave some issues to politics.
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