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Ethics and Authority in International Law (Cambridge Studies in International and Comparative Law)

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Alfred P. Rubin's "Ethics and Authority in International Law" is a stunning example of what can only be described as a lack of knowledge about the subject of which he writes. Rubin's premise is simple, namely, that authority should determine everything in international law and that ethics is relevance only to academics and theorists. While this may be an interesting basis for argument, Rubin does not argue well, mistakingly assuming that obligation and right proceed from a source of authority when, in fact, the relationship is precisely the opposite. He rejects all notion of universal moral standards, basing his argument on the "sanctity" of the principle of sovereign equality. In short, he seeks to have it both ways and thus, his argument is not compelling at all. Most disappointingly, he is given to quoting authors selectively and shows a very weak understanding of Latin terms. His arguments strike me as benefiting from the fact that he writes about international law from the United States. One cannot help but wonder if he would be so strident with his arguments were he writing from the perspective of a state with less power and influence in the international system. In conclusion, this is a disappointing work. Mr. Rubin identifies himself as a legal positivist and that school of legal thought does present some provocative ideas on law, morality, ethics, and authority. Sadly, however, this work by Mr. Rubin does not suggest that he is a very good student.