The Inaugural Robert A. Kindler Professorship of Law Lecture: When is International Law Useful?

Details

Author(s):
Publish Date:
March 29, 2013
Publication Title:
New York University Journal of International Law and Policy
Format:
Journal Article Volume 45 Page(s) 787
Citation(s):
  • Alan O. Sykes, The Inaugural Robert A. Kindler Professorship of Law Lecture: When is International Law Useful?, 45 New York University Journal of International Law and Policy 787 (2013).
Related Organization(s):

Abstract

This essay develops an economic perspective on the utility of international law, identifying the reasons why international law is sometimes successful at orchestrating international cooperation and sometimes unsuccessful. It considers two general accounts of the gains from international cooperation, including the control of trans-national externalities and domestic commitment issues. It argues that international law is more likely to be successful when the gains from cooperation are symmetrical and reciprocal, which facilitates the creation of self-enforcing agreements. Examples of successful and unsuccessful cooperation are developed from various fields of international law, including international trade, the laws of war, immigration, human rights, and international investment law.