Universal Exceptionalism in International Law

53 Pages Posted: 15 Feb 2010

See all articles by Anu Bradford

Anu Bradford

Columbia University - Law School

Eric A. Posner

University of Chicago - Law School

Multiple version iconThere are 2 versions of this paper

Date Written: February 3, 2010

Abstract

A trope of international law scholarship is that the United States is an “exceptionalist” nation, one that takes a distinctive (frequently hostile, unilateralist, or hypocritical) stance toward international law. However, all major powers are similarly “exceptionalist,” in the sense that they take distinctive approaches to international law that reflect their values and interests. We illustrate these arguments with discussions of China, the European Union, and the United States. Charges of international-law exceptionalism betray an undefended assumption that one particular view of international law (for scholars, usually the European view) is universally valid.

Suggested Citation

Bradford, Anu and Posner, Eric A., Universal Exceptionalism in International Law (February 3, 2010). U of Chicago, Public Law Working Paper No. 290. Available at SSRN: https://ssrn.com/abstract=1551355 or http://dx.doi.org/10.2139/ssrn.1551355

Anu Bradford

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10009

Eric A. Posner (Contact Author)

University of Chicago - Law School ( email )

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Chicago, IL 60637
United States
773-702-0425 (Phone)
773-702-0730 (Fax)

HOME PAGE: http://www.law.uchicago.edu/faculty/posner-e/

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