Posner and Sykes on the Economic Foundations of International Law
Eric Posner and Alan Sykes have a new book entitled Economic Foundations of International Law. The book does what its title suggests: gives a comprehensive rational choice account of public international law. It distinguishes itself from other boo
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Eric Posner and Alan Sykes have a new book entitled Economic Foundations of International Law. The book does what its title suggests: gives a comprehensive rational choice account of public international law. It distinguishes itself from other books in this genre in (among other things) its scope. For it covers all of the major elements of public international law, from general issues (such as treaties, custom, sovereignty, and state responsibility) to various fields (jus in bello and jus ad bellum, human rights, environmental law, law of the sea, international trade and investment, and more). Economic Foundations does not engage theoretical debate about the virtues and vices of rational choice accounts of international law as opposed to other accounts. It simply sets out basic rational choice principles and applies them to the various fields and topics. The book is clear, insightful, and accessible, and I highly recommend it.
Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
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