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A Compliance-Based Theory Of International Law, Andrew T. Guzman
A Compliance-Based Theory Of International Law, Andrew T. Guzman
Andrew T Guzman
This Article examines international law from the perspective of compliance. It puts forward a theory of international law in which compliance comes about in a model of rational, self-interested states. International law can affect state behavior because states are concerned about the reputational and direct sanctions that follow its violation. The model allows us to consider international law in a new light. Most strikingly, one is forced to reconsider two of the most fundamental doctrinal points in the field-the definitions of customary international law (“CIL”) and of international law itself. A reputational model of compliance makes it clear that CIL …
The Cost Of Credibility: Explaining Resistance To Interstate Dispute Resolution Mechanisms, Andrew T. Guzman
The Cost Of Credibility: Explaining Resistance To Interstate Dispute Resolution Mechanisms, Andrew T. Guzman
Andrew T Guzman
This paper explains why the use of mandatory dispute resolution clauses is the exception rather than the rule in international agreements. On one hand, these clauses increase the sanction for violation of the agreement and thereby increase the probability that the parties will comply. On the other hand, dispute resolution clauses impose a loss on the parties when violations occur. States, therefore, must balance the credibility and compliance benefits of a mandatory dispute resolution provision against the joint costs imposed by those provisions in the event of a violation. The paper develops a series of predictive and normative results based …