Limits of International Law, The

Competition Policy and Antitrust

Article Snapshot

Author(s)

Jack L. Goldsmith and Eric Posner

Source

Oxford University Press, 2005

Summary

This paper asks about the importance of international law.

Policy Relevance

International law will not be able to solve many problems that are global in scope, because nations comply only when it is in their interest to do so.

Main Points

  • Different nations and governments act rationally to protect their interests, but what their interests are and how they see them varies widely.

  • How states behave (by respecting each other’s borders, for example) is determined by four factors:
    • Whether their interests coincide, not taking account of other states’ actions.
    • Whether the states gain from coordinating their behavior.
    • Whether the states gain from cooperation.
    • Whether one state can coerce the other.

  • International law takes the form of treaties or customary international law.

  • It can make sense for nations to refer to international law in discussions with other states, even if they do not mean to comply with it themselves.

  • It does not make sense to say that nations comply with international law because they consent to it or for some other moral reason. International law reflects states’ agendas in pursuing their own interests.

  • What international law can achieve is limited and it will not be able to solve many problems that are global in scope.

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