文档介绍：Between Power and Principle:
An Integrated Theory of International Law
Oona A. Hathaway†

ing in the Chicago Law Review (2005)

In March of 2003, as American tanks rolled toward Baghdad, international lawyers in
the United States and abroad decried the action as a violation of the United Nations Charter.
The invasion, some worried, would strip away the last pretense that international law could
constrain state action. Others openly questioned whether the increasingly wounded global
legal regime was worth saving. If states so openly flouted it, was international law really
worth the trouble?
The hand-wringing and condemnation were scarcely new. Well before the invasion
of Iraq the tide of events had given pause to all but the staunchest believers in international
law. Within six short months of entering office, President e W. Bush had withdrawn
from the Kyoto global climate accord,1 threatened to unilaterally abrogate the 1972 Anti-
Ballistic Missile Treaty, and revoked the . signature on the treaty creating the
International Criminal Court. The . president thus looked ready to make good on the
promise that Jesse Helms, then-chairman of the Senate Foreign mittee, had
made to the UN Security Council only a year earlier to resist any effort to “impose the UN’s
power and authority over nation states.”2

† Associate Professor, Yale Law School. ., Yale Law School. I thank the Carnegie
Foundation for its generous support of this project through the Carnegie Scholars Program.
My thanks also to Craig Estes, Galit Sarfaty, and Alan Schoenfeld for their research
assistance and to Ulrich Wagner and especially Alexandra Miltner for their help with
compiling and analyzing the datasets used in this Article. I am grateful to Bruce Ackerman,
Yochai Benkler, William Bradford, Jutta Brunnée, Steve Charnovitz, Robert Ellickson, Ryan
Goodman, Larry Helfer, Rob Howse, Dan Kahan, Alvin Klevorick, Barbara Korem