The Perils of Global Legalism

Paperback | December 15, 2011

byEric A. Posner

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The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests.

With The Perils of Global Legalism, Eric A. Posner explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, Posner carefully lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as NATO’s invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, Posner demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests.

Provocative and sure to be controversial, The Perils of Global Legalism will serve as a wake-up call for those who view global legalism as a panacea—and a reminder that international relations in a brutal world allow no room for illusions.

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The first months of the Obama administration have led to expectations, both in the United States and abroad, that in the coming years America will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation’s best interests.With The Perils of Global Legalism, Eric A. Pos...

Eric A. Posner is the Kirkland and Ellis Professor of Law at the University of Chicago Law School. He is the author or coauthor of several books, including Terror in the Balance: Security, Liberty, and the Courts, and The Limits of International Law.

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Format:PaperbackDimensions:284 pages, 9 × 6 × 0.8 inPublished:December 15, 2011Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0226675750

ISBN - 13:9780226675756

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Table of Contents

Contents

Preface

Acknowledgments

Prologue

Part I. Global Legalism

One. The Utopian Impulse in International Relations

Two. The Flaws of Global Legalism

Three. Defending Global Legalism

Four. Globalization, Fragmentation, and the Law

Five. Global Legalism and Domestic Law

Part II. Adjudication in Anarchy

Six. International Adjudication: Its Promise and Problems

Seven. The Fragmentation of International Justice

Eight. Human Rights and International Criminal Law

Nine. International Law in Domestic Courts

Conclusion. America versus Europe

Notes

Index