The Assault on International Law

ISBN: 9780199987405 出版年：2014 页码：305 Ohlin, Jens David Oxford University Press

In recent years, a group of high-profile scholars have attacked the very concept of international law. They argue that since states are motivated primarily by self-interest, compliance with international law is nothing more than high-minded talk. In The Assault on International Law, Jens David Ohlin exposes the mistaken assumptions of these "New Realists," in particular their utilization of rational choice theory. In contrast, he provides an alternate vision of international law based on an innovative theory of human rationality. According to Ohlin, rationality requires that agents follow through on their plans and commitments even when faced with opportunities for defection. Seen in this light, international law is the product of nation-states cooperating to escape a brutish State of Nature-a result that is not only legally binding but also in each state's self-interest.