- Hardcover: 270 pages
- Publisher: Cambridge University Press; 1 edition (November 10, 2008)
- Language: English
- ISBN-10: 052151682X
- ISBN-13: 978-0521516822
- Product Dimensions: 5.4 x 0.6 x 8.5 inches
- Shipping Weight: 1.2 pounds (View shipping rates and policies)
- Average Customer Review: 5.0 out of 5 stars See all reviews (1 customer review)
- Amazon Best Sellers Rank: #6,308,301 in Books (See Top 100 in Books)
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Optimal Protection of International Law: Navigating between European Absolutism and American Voluntarism 1st Edition
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In this book, Joost Pauwelyn considers how strongly international law should be protected. He proposes a framework for treaty negotiators, politicians and judges to enforce the ever-increasing list of rights and obligations between states on a sliding scale between strict inalienability and flexible liability.
About the Author
Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies, Geneva. Previously, he was a law professor at Duke University in the USA (2002-2007) and an official with the World Trade Organization (1996-2002). In 2005, he received the Paul Guggenheim Prize for his 2003 book, Conflict of Norms in Public International Law.
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Top Customer Reviews
[On the content]
Joost Pauwelyn goes to a further and more interesting question that the hackneyed "why and when do states comply with international law". Instead, he focuses on the fact that compliance is the general rule and that the relevant question is then "how to protect IL". He notes that there is a paradox in international law, namely that the most important rights, such as jus cogens, are the weakest in terms of protection or back-up enforcement in case of breach. Drawing from the well-known paper of Calabresi & Melamed (one view of the Cathedral), he defends that IL should distinguish among different entitlements (viz. inalienable rights, property rights, and liability rules) depending on the type of value/good that is at stake, and give it a protection adequate to the sort of entitlement. He finds that property rights should be the default protection rule in IL.
(On the style)
Only 206 small pages long (quite rare in academia), Joost Pauwelyn reminds us all law-students and academics that good books, even mind-blowing books, can be written with a simple, direct and effective style. This book conveys ONE idea. However, this idea can find a myriad of applications. That is why one could teach Pauwelyn's thesis in one single class, or devote it a whole course.
Drawbacks: the author does not give proper attention to individual criminal responsibility and to the role of courts in deciding whether something is jus cogens/erga omnes and the like. This "oblivion" makes the rational model built by the author (consent market based) be weaker and not completely reliable.
In any case, strongly recommended!