文档介绍：University of California at Berkeley
School of Law

International Law:
pliance Based Theory

by Andrew T. Guzman

UC Berkeley School of Law
Public Law and Legal Theory
Working Paper No. 47
April 2001

UC Berkeley Public Law and
Legal Theory Working Paper Series

UC Berkeley School of Law, Boalt Hall, Berkeley, CA 94720-7200

This paper can be downloaded without charge from the
Social Science work Paper Collection at
http://papers./?abstract_id=260257
INTERNATIONAL LAW:
PLIANCE BASED THEORY

Andrew T. Guzman*
April 2001

* Assistant Professor of Law, Boalt Hall School of Law, University of
California at Berkeley. I owe thanks to David Caron, Stephen Choi, Jack
Goldsmith, Benedict Kingsbury, Eric Posner, Beth Simmons, John Yoo, and
participants at the Boalt Hall International Law and Politics Workshop for helpful
discussions ments. Special thanks to Jeannie Sears and Nicholas James.
Ryan Waterman provided excellent research assistance. I am grateful to the John
M. Olin Foundation for financial assistance. Contact: ******@.
Abstract

This Article examines international law from the perspective pliance.
Using insights from international relations theory, the Article adopts a theory in which
es about in a model of rational, self-interested states. Specifically, states
are concerned about both reputational and direct sanctions for their conduct.
The model allows us to consider international law in a new light. Most
strikingly, one is forced to reconsider two of the most fundamental doctrinal points in
the field – the definitions of customary international law (CIL) and of international law
itself. A reputational model pliance makes it clear that CIL affects the behavior
of a state because other states believe that the first state has mitment that it must
honor. A failure to honor mitment hurts a stat