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The Limits of International Law
Eric A. Posner
Oxford University Press
February 2005
On Sale: February 3, 2005
272 pages
ISBN: 0195168399
EAN: 9780195168396
Hardcover
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Non-Fiction | Non-Fiction Political
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 about optimism international law's past
accomplishments and present capacities.
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