Ohlin, Jens David.

The Assault on International Law. - 1st ed. - 1 online resource (305 pages)

Cover -- The Assault on International Law -- Copyright -- Dedication -- Contents -- Preface -- Acknowledgments -- Introduction: Dramatis Personae -- 1 Gaming the Federal Courts -- 2 Presidents and Leviathans -- 3 The Attack: Misunderstanding Rationality -- 4 Solving the Prisoner's Dilemma of International Law -- 5 War as Cooperation -- 6 Reengaging International Institutions -- Conclusion -- Notes -- Index.

In recent years, a group of high-profile scholars have attacked the very concept of international law. They argue that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. In The Assault on International Law, Jens David Ohlin exposes the mistaken assumptions of these "New Realists," in particular their utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on an innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans and commitments even when faced with opportunities for defection. Seen in this light, international law is the product of nation-states cooperating to escape a brutish State of Nature-a result that is not only legally binding but also in each state's self-interest.

9780199987412


International and municipal law -- United States.
International law -- United States.


Electronic books.

KF4581 -- .O35 2015eb

340.90973