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Optimal Protection of International Law Joost Pauwelyn (Graduate Institute of International Studies, Geneva)

Optimal Protection of International Law By Joost Pauwelyn (Graduate Institute of International Studies, Geneva)

Optimal Protection of International Law by Joost Pauwelyn (Graduate Institute of International Studies, Geneva)


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Summary

In this book, Joost Pauwelyn considers how strongly international law should be protected. He proposes a framework for treaty negotiators, politicians and judges to enforce the ever-increasing list of rights and obligations between states on a sliding scale between strict inalienability and flexible liability.

Optimal Protection of International Law Summary

Optimal Protection of International Law: Navigating between European Absolutism and American Voluntarism by Joost Pauwelyn (Graduate Institute of International Studies, Geneva)

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 Joost Pauwelyn (Graduate Institute of International Studies, Geneva)

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.

Table of Contents

1. Introduction; 2. The two extremes of 'European Absolutism' and 'American Voluntarism'; 3. Allocation, protection and back-up enforcement of entitlements; 4. How should International law entitlements be protected?; 5. How are international law entitlements currently protected?; 6. Back-up enforcement in international law; 7. Conclusion.

Additional information

NPB9780521516822
9780521516822
052151682X
Optimal Protection of International Law: Navigating between European Absolutism and American Voluntarism by Joost Pauwelyn (Graduate Institute of International Studies, Geneva)
New
Hardback
Cambridge University Press
2008-10-23
270
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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