Lawless World- LL 278 - Goldsmith & Posner, The Limits...

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The Limits of International Law (2005), Introduction and Conclusion -Intl law long been burdened with the charge that it is not really law. -Premises of these arguments: -it lacks a centralized or effective legislature, executive, or judiciary -it favors powerful states over weak states. -it often simply mirrors extant international behavior. -it is sometimes violated with impunity. -Intl law scholarship dominated for decades by improbable idealism has done little to account for these characteristics. *Put simply, our theory is that intl law emerges from states acting rationally to maximize their interests, given their perceptions of the interests of other states and the distribution of state power. -Assumption- state is relevant agent, state has identifiable interest, and that states act rationally to further these interests. -Our theory of intl law assumes that states act rationally to maximize their interests. -The usual view is that international law is a check on state interests, causing a state to behave in a way
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