The Limits of Leviathan: Contract Theory and the Enforcement of International Law

ISBN-13: 9780521858465 / Angielski / Twarda / 2006 / 264 str.

Robert E. Scott; Paul B. Stephan

Opis

Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

Recenzje

Review of the hardback: 'One of the most significant developments in international law in the past decades has been the rise of institutionalized international tribunals - like the WTO dispute resolution mechanisms, various EU courts, and the International Criminal Court - that can enforce international law against states. The Limits of Leviathan employs economic theories of contract formation and enforcement to explain the rise and operation of these institutions. Scott and Stephan show how a combination of formal institutional sanctions and more traditional informal sanctioning methods (such as retaliation and reputational loss) work together to foster cooperation among nations. They also provide a framework for explaining how institutionalized enforcement can go too far and retard cooperation among nations. The Limits of Leviathan is a realistic, hard-nosed examination of the promise and perils of international enforcement institutions, and an important contribution to the burgeoning use of social science methodologies to explain international relations.' Jack L. Goldsmith, Henry L. Shattuck Professor of Law, Harvard Law School

Spis treści

Foreword; 1. Introduction; 2. States, firms, and the enforcement of international law; 3. Lessons from contract theory; 4. A model of optimal enforcement; 5. Patterns of international law enforcement; 6. The choice between formal and informal enforcement; 7. The future of international law and its enforcement; Glossary; Table of authorities; Index.