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Open Access. Powered by Scholars. Published by Universities.®

Series

2006

International Law

Faculty Scholarship

University of Maryland Francis King Carey School of Law

Jack Goldsmith

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Full-Text Articles in Law

Rule-Skepticism, "Strategery," And The Limits Of International Law, David Gray Jan 2006

Rule-Skepticism, "Strategery," And The Limits Of International Law, David Gray

Faculty Scholarship

This is a review essay of Eric Posner and Jack Goldsmith's fascinating book, The Limits of International Law. In the essay I provide an exegesis of the core argument of the book, which is that the conduct of states in fields occupied by international law is more powerfully described by game theory than by law talk. In particular, the authors argue that state conduct traditionally described in terms of obedience and violation is actually determined by self-interest modified by the strategic conditions of identifiable games; principally coincidence games, coordination games, coercion games, and iterated prisoner dilemmas. In the essay I …