We see that javascript is disabled or not supported by your browser - javascript is needed for important actions on the site. Read more

What's New - Home - Login

Member $avings: $81,589,971.58 | Books Available: 787,047 | Members Online: 120

Swap Used Books - Buy New Books at Great Prices!

How To Swap Books Sign Up Search submenu

PBS Market (New Books)

Gift Buying Guide

Book Browser Advanced Search Books Posted Today Member Book Reviews Award Winning Books NYT Best Sellers Amazon Best Sellers Most Traveled Copies Club Wish List

Discussion Forums Book Lists

Club Lists My Book Lists My Watched Lists Create a List

Blog Donations

School Donation Program In Memory of... Military Donation Program Friends of PBS

Box-O-Books Maps The Eclectic Pen Fun Stuff

20 Questions Sudoku Bookmark Creator

Top 100

Requests Posts Swappers Referrers Reviewers

Pulse of PBS Spread The Word

Invite Friends Bookmarks Facebook Page Facebook App More Ways...

Photo Gallery Recipes Club Tag Cloud Member Testimonials

Help Center submenu

How To Swap Books Browse Help Docs Ask the Librarian PBS Member Icons Live Help

Kiosk

PBS Market (New Books) Go Shopping Buy Credits Buy PBS Money Upgrade Membership Gift Certificates Transfer Credits

Need Help?

Search - The Assault on International Law

The Assault on International Law
Author: Jens David Ohlin

International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it? The United States has a long history of skepticism towards international law, but 9/11 ushered in a particularly virulent phase of American exceptionalism. Torture became official government policy, President Bush denied that the ... more »Geneva Conventions applied to the war against al-Qaeda, and the US drifted away from international institutions like the International Criminal Court and the United Nations.

Although American politicians and their legal advisors are often the public face of this attack, the root of this movement is a coordinated and deliberate attack by law professors hostile to its philosophical foundations, including Eric Posner, Jack Goldsmith, Adrian Vermeule, and John Yoo. In a series of influential writings they have claimed that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. Theses abstract arguments then provide a foundation for dangerous legal conclusions: that international law is largely irrelevant to determining how and when terrorists can be captured or killed; that the US President alone should be directing the War on Terror without significant input from Congress or the judiciary; that US courts should not hear lawsuits alleging violations of international law; and that the US should block any international criminal court with jurisdiction over Americans. Put together, these polemical accounts had an enormous impact on how politicians conduct foreign policy and how judges decide cases - ultimately triggering America's pernicious withdrawal from international cooperation.

In The Assault on International Law, Jens Ohlin exposes the mistaken assumptions of these 'New Realists,' in particular their impoverished utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on a truly innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans 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.

ISBN-13: 9780199987405
ISBN-10: 0199987408
Publication Date: 1/23/2015
Pages: 304
Rating:

0 stars, based on 0 rating

Publisher: Oxford University Press
Book Type: Hardcover
Members Wishing: 0
Reviews: Amazon | Write a Review

Genres:

Reference
Law >> Foreign & International Law
Law >> Constitutional Law >> Human Rights
Uncategorized >> International & World Politics >> Diplomacy

Back to the Top ↑

Search - The Assault on International Law

Loading...