The Limits of International Law by Jack L Goldsmith and Eric A Posner

Abstract

The Limits of International Law by Jack L Goldsmith and Eric A Posner. Published by Oxford University Press (2005, 226 pp). Occasionally a book appears that not only informs , but questions . It is not a frequent event, which makes it all that memorable. The Limits of International Law is an interesting contribution to International Law. No doubt, some will characterise it as ‘iconoclastic’. They should not. A better adjective is avant-garde . The reason: it touches upon a neuralgic subject of international law – its leitmotif ; and it does so from an innovating angle: game theory. The thesis it advances may (at first impression) seem unattractive, even stale: International Law is observed, not because of a sense of obligation , but in furtherance of self-interest . According to the authors, International Law is a product of states’ rational conduct aimed at maximising their interests, given perceptions of other states’ interests and the distribution of power. In other words, it is strategic. Their goal is to integrate state interests with simple rational choice models so as to offer a theory of the roots of International Law. Two methodological ingredients are important, which are frequently neglected or discounted by scholars: power and state interests. Normative lessons are derived. Ab initio , this will not surprise. It is not the first time International Law students have been confronted with the notion. The realist school of international relations has so argued for decades.1 But its micro-economic angle is refreshing. The authors’ profile is noteworthy. Jack Goldsmith is a recognised expert in International Law, and Eric Posner is a synonym of (acute) economic analysis of law. Their blend is a success, for it produces an essay which is just delicious. The book is divided into three parts, preceded by a (useful) chapter that sketches basic game theoretical scenarios. The step is convenient for it makes it palatable not only to the connoisseur, …