I think the discussion of rational choice explanations for human rights treaties has become a little muddled due to a lack of clarity in terminology. In particular, two terms need to be clarified. First, a “rational choice” approach implies an approach in which states have preferences which are complete, transitive, and stable. In my book and in...
Let me just offer a quick additional reflection on the question of whether rational choice theory may help explain the conundrum of why states sign human rights treaties. The easiest explanation is when the human rights commitment is bundled together with other provisions in a treaty, and the cost of making the human rights commitment is offset by other benefits derived...
Alex Geisinger’s thoughtful comments return to some of the themes I touched on in my earlier response to Roger Alford. Alex is more forceful, however, challenging whether the theory I advance is able to account for the role of reputation in treaty formation. I think the place to begin here is some terminology. The use of the...
I’d like to thank everyone involved for having me. I, too, look forward to an engaging discussion. Let me state from the outset that I agree with Professor Guzman regarding the nature of the debate. I believe there are interesting things to be learned from rational choice approaches as well as from constructivist and other approaches to international law. I have...
Thanks, Roger, for these great comments. You have put your finger on the broad area of international law that presents perhaps the greatest puzzle for all our theories of international law and international relations – human rights and humanitarian law. Agreements in these areas are (usually) very difficult to characterize as quid-pro-quo exchanges in which each party accepts...
Guzman’s book is an extremely useful addition to the literature, offering a rational choice explanation for compliance with international law. I think his three Rs of compliance (retaliation, reciprocity, and reputation) accurately reflect the best arguments for why states comply with international law. But as I was reading the book I was struck by the fact that none of the...
Let me first thank Peggy McGuinness and everyone at Opinio Juris for this wonderful opportunity to discuss my book. I also want to thank the commentators, Jeff Dunoff, Alex Geisinger, and Kal Raustiala for their willingness to participate. I know that I will benefit from the discussion. I hope that the commentators do as well, and that...
Following up on my previous post on the evolution of state borders in Eurasia, see also this animated map charting the imperial history of the Middle East and this PBS interactive map that includes historical political borders, natural resources, and religious populations (use the tabs at the bottom). But, regarding the Middle East, the big question is what will the map...
The bloggers at Coming Anarchy have put together an informative series of posts about the shifting borders of states and empires. There’s a time-lapse animation of the expansion and contraction of Rome and Byzantium, a series of maps for each of Ethiopia, Poland, Armenia , Persia, and Russia. Also, there’s a series of comparative maps on state borders in...
I think it's safe to say that Marty Lederman has been one of the blogosphere's most passionate, articulate, and persuasive critics of the Office of Legal Counsel's authorization of waterboarding. So I was very surprised to read his latest post on the subject, in which he argues not only that the CIA officers who actually conducted the waterboarding would...
Once again, thanks to Roger Alford and everyone else involved with Opinio Juris for a rich discussion and an excellent example of how the Internet can facilitate in-depth exchanges. I wrote God and Gold hoping to set off a conversation about some important and often uncomfortable truths: that the modern world has developed under the auspices of an ever growing and deepening...
This is the question Peter Spiro poses in his response to God and Gold. While noting that I call for an ‘organic, Burkean evolution’, he wonders whether I’ve given full weight to the role these institutions need to play, not as utopian solvers of humanity’s many problems, but as ‘the arena for addressing the problems of global society.’ It’s a probing...
