Optimal Protection of International Law (e-bog) af Pauwelyn, Joost
Pauwelyn, Joost (forfatter)

Optimal Protection of International Law e-bog

619,55 DKK (inkl. moms 774,44 DKK)
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 o...
E-bog 619,55 DKK
Forfattere Pauwelyn, Joost (forfatter)
Udgivet 3 november 2008
Genrer Political science and theory
Sprog English
Format pdf
Beskyttelse LCP
ISBN 9780511434082
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.