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

Pauwelyn, Joost

Hardcover

ISBN 10: 052151682X ISBN 13: 9780521516822

Publisher: Cambridge University Press, 2008

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.

About this title

About the Author

Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies, Geneva. Previously, he was a law professor at Duke University in the USA (2002-2007) and an official with the World Trade Organization (1996-2002). In 2005, he received the Paul Guggenheim Prize for his 2003 book, Conflict of Norms in Public International Law.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2008
• Language: English
• ISBN 10: 052151682X
• ISBN 13: 9780521516822
• Binding: Hardcover
• Edition number: 1
• Number of pages: 270