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The Work Of International Law, Monica Hakimi
The Work Of International Law, Monica Hakimi
Faculty Scholarship
This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view — what I call the “cooperation thesis” — is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; international law is widely depicted as dysfunctional when it does not satisfy the thesis. In particular, heated or intractable conflict is …
How International Is International Law: Remarks By Lori F. Damrosch, Lori Fisler Damrosch
How International Is International Law: Remarks By Lori F. Damrosch, Lori Fisler Damrosch
Faculty Scholarship
Our moderator's questions begin with “in what sense is international law and in what sense isn't it universal?” and continue with whether international law may be “different in different places” and what the implications of such differences may be. I am here to defend the “universalist” perspective, as the immediate past president of the American Society of International Law and before that, editor-in-chief of the American Journal of International Law. Though both the Society and the Journal have “American” in their titles and our geographic headquarters is in the United States, the Society's mission statement commits us to pursue …