The Coerciveness of International Law

German Yearbook of International Law, Vol. 52, p. 437, 2009

Northwestern Public Law Research Paper No. 10-60

21 Pages Posted: 13 Oct 2010  

Date Written: October 12, 2010

Abstract

This article shows that an important part of the deep structure of international law is its self-referential strategy of employing its own rules to protect its rules. International law tolerates a principled violation of its own rules when necessary to keep other rules from being broken. It extends a legal privilege to states to use coercion against any state that has selfishly attempted to transgress its international obligations. International law thus protects itself through the opportunistic deployment of its own rules.

Keywords: Monism, Dualism, Consent, Domestication Theory, Soft Law, New Haven School, Exceptionalism

JEL Classification: K40, K33, K10

Suggested Citation

D'Amato, Anthony, The Coerciveness of International Law (October 12, 2010). German Yearbook of International Law, Vol. 52, p. 437, 2009; Northwestern Public Law Research Paper No. 10-60. Available at SSRN: https://ssrn.com/abstract=1691367

Anthony D'Amato (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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