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Customary International Law In The 21st Century, Andrew T. Guzman, Timothy L. Meyer
Customary International Law In The 21st Century, Andrew T. Guzman, Timothy L. Meyer
Andrew T Guzman
This chapter argues that rules of CIL support “harder” legal agreements by reducing the costs associated with such agreements. Beyond this supporting role for CIL, this chapter also argues that formal legal institutions provide ways in which states can create more credible rules of CIL. Under standard rational choice assumptions, states create legal obligations to maximize their cooperative gains, taking into account transaction costs. In an environment in which states exercise a veto over legal obligations flowing from explicit agreements, transaction costs can prevent the creation, by way of agreement, of an otherwise beneficial legal obligation. CIL can bridge this …
Saving Customary International Law, Andrew T. Guzman
Saving Customary International Law, Andrew T. Guzman
Andrew T Guzman
No abstract provided.