Book Review

Abstract

Gregory Shaffer’s book is a brilliant contribution to the literature on international law. It is perhaps the first of its kind to analyse the role that legal capacity plays in a country’s ability to contribute to the negotiation and enforcement of international law. Shaffer’s basic premise is somewhat commonsensical, yet not documented and not analysed so far: that the world of international trade law is rule-based, and the ability of a country to effectively participate and make use of the rules, as well as to drive the formation of those rules, depends on its legal capacity to do so. This premise holds true for all branches of international law, where the world is divided broadly into countries that play the role of rule makers and rule takers. Theoretical discussions so far have looked at this issue primarily from the lens of the role that stronger economic power plays in the ability to influence rules.1 Shaffer’s engaging analysis is therefore a refreshing new look at the significance of legal capacity, albeit the three countries selected for this purpose, Brazil, China, and India, are also those whose economic capacity and influence have increased over the time covered in the book, which is since the mid-1990s through the early 21st century. Shaffer’s assessment acknowledges this fact, highlighting that structural and material power on the one hand, and law and legal institutions, on the other, complement and impact each other. He explains this with evidence collected over interviews and empirical observations over a period of two decades, drawing up three detailed and well-structured case studies of Brazil, India, and China.