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

Law Commons

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

2001

University of Michigan Law School

International Law

Self-interest

Articles 1 - 2 of 2

Full-Text Articles in Law

Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen Jan 2001

Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen

Michigan Journal of International Law

In a pair of recent articles, Professors Jack Goldsmith and Eric Posner have used game theoretic principles to challenge the positivist account of customary international law. Their writings join other early attempts to apply game theory to the international law sources. The author has two purposes in this Article. The first is to evaluate game theory's potential for yielding greater insight into customary international law and international law more generally. The second is to respond to the conclusions about customary international law drawn by Professors Goldsmith and Posner.


Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner Jan 2001

Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner

Michigan Journal of International Law

In two earlier articles, the tools of game theory were used to sketch a positive theoretical account of customary international law ("CIL"). This theory rejected as question-begging the usual explanations of CIL based on legality, morality, opinio juris, and related concepts. It was argued instead that CIL emerges from nations' pursuit of self-interested policies on the international stage. This approach helps explain many overlooked features of CIL, including how CIL originates and changes, why the content of CIL tracks the interest of powerful nations, and why nations change their views of CIL when their interests change. Finally, the practices …