» » How International Law Works: A Rational Choice Theory

Fb2 How International Law Works: A Rational Choice Theory ePub

by Andrew T. Guzman

Category: Social Sciences
Subcategory: Other
Author: Andrew T. Guzman
ISBN: 0195305566
ISBN13: 978-0195305562
Language: English
Publisher: Oxford University Press; 1 edition (January 8, 2008)
Pages: 272
Fb2 eBook: 1559 kb
ePub eBook: 1968 kb
Digital formats: azw lrf docx lit

How International Law Works presents a theory of international law, how it operates, and why it works.

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.

Filling a conspicuous gap in the legal literature, Andrew T. Guzmans How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary. Guzmans 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. 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.

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.

How International Law Works: A Rational Choice Theory. Guzman, How International Law Works

How International Law Works: A Rational Choice Theory. Oxford: Oxford University Press, 2008. Guzman, How International Law Works. A Rational Choice Theory (2008). Trachtman, The Economic Structure of International Law (2008). EJIL (2009), Vol. 20 No. 4, 1247–1262.

Applying rational-choice theory to international law and international relations, this book offers a comprehensive theory of the subject, how it operates, and why it works. Taking as a starting point that states comply only when it is in their selfinterest to do so, the book demonstrates that international law nevertheless supports cooperation among states. This book develops a theory of international law to explain how concerns about reciprocal noncompliance, retaliation, and reputation discourage states from violating their international legal commitments.

A general theory of international law - Reputation - International agreements - Customary international law - Understanding international la.

How International Law Workspresents a theory of international law, how it operates, and why it works.

Rational choice theory, also known as choice theory or rational action theory, is a framework for understanding and often formally modeling social and economic behavior

Rational choice theory, also known as choice theory or rational action theory, is a framework for understanding and often formally modeling social and economic behavior. The basic premise of rational choice theory is that aggregate social behavior results from the behavior of individual actors, each of whom is making their individual decisions. The theory also focuses on the determinants of the individual choices (methodological individualism).

How International Law Works presents a theory of international law, how it operates, and why it works

How International Law Works presents a theory of international law, how it operates, and why it works.

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.
Comments to eBook How International Law Works: A Rational Choice Theory
Felhann
In my prior life I was a law student and know well how lawyers treat international law. Guzman's book is a useful counterargument to purely legal analysis of international law. He argues that the three primary compliance mechanisms in international law are reputation, reciprocity, and retaliation. Guzman then proceeds to discuss why states make international agreements, despite the transactions costs of the negotiations. He argues that states see a political benefit in making such agreements and often actually want international law to work, albeit towards their own goals. The value of the book is that it explains why, as Henkin famously said, most international works most of the time. Also, despite the title ("A Theory..."), Guzman doesn't get bogged down in trying to present a single overarching theory, but rather explains how states respond in different situations. Moreover, because the book does not rely upon any statistics, game theory, or jargon, it's a useful read for students new to rational design approaches to international law.
Bladebringer
This books is one to have !!!!

Andrew Guzman is an amazing author. He explains how international law works and how countries function in terms of negotiation. I highly recommend this book as it is not in a too sophisticated law language for pre law / political science/ and law students. If you re planning on practicing international law please read this book. It s a must
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