Optimal Protection of International Law: Navigating between European Absolutism and American Voluntarism

Pauwelyn, Joost

ISBN 10: 052151682X / ISBN 13: 9780521516822

Published by Cambridge University Press, New York, NY, 2008

About this Item

Book is gently used with only minor wear to boards. Tightly bound copy with clean interior having no markings, writing, underlining, or highlighting in margins or text block. Inv. # 11611.

Seller Inventory # 011611

Bibliographic Details

• Title: Optimal Protection of International Law: Navigating between European Absolutism and American Voluntarism
• Publisher: Cambridge University Press, New York, NY
• Publication Date: 2008
• Language: English
• ISBN 10: 052151682X
• ISBN 13: 9780521516822
• Binding: Hardcover
• Condition: Very Good
• Dust Jacket Condition: No Jacket

About this title

Synopsis

Assume, for a moment, that the necessary tools are available to induce or even force states to comply with international law. In such a state of affairs, how strongly should international law be protected? More specifically, how easy should it be to change international law? Should treaties be specifically performed or should states be given an opportunity to 'pay their way out'? In the event of states violating their commitments, what kind of back-up enforcement or sanctions should be imposed? Joost Pauwelyn uses the distinction between liability rules, property protection and inalienable entitlements as a starting point for a new theory of variable protection of international law, placed at the intersection between 'European absolutism' and 'American voluntarism'. Rather than undermining international law, variable protection takes the normativity of international law seriously and calibrates it to achieve maximum welfare and effectiveness at the lowest cost to contractual freedom and legitimacy.

Book Description

In this book, Joost Pauwelyn considers how strongly international law should be protected. He proposes a framework for treaty negotiators, politicians and judges to enforce the ever-increasing list of rights and obligations between states on a sliding scale between strict inalienability and flexible liability.