Discussions from the Austrian School: Minimalist and Anarcho-Capitalist Approaches to and Critiques of Public International Law
Nalsar Student Law Review, Nalsar University of Law (Vol. 7, Fall 2012)
27 Pages Posted: 3 Nov 2012 Last revised: 4 Nov 2012
Date Written: October 31, 2012
The Austrian School of Economics as represented by such notable scholars as the Nobel Prize winner Friedrich Hayek and classical liberal scholars Frederic Bastiat, Murray Rothbard, Ludwig Von Mises and others has fostered a robust and meaningful approach to international law. The principles of the Austrian School including non-aggression, unfettered free trade, anti-collectivism, individual autonomy and many others will make for a deep and interesting critique of the current direction of international law, especially international human rights and education or “the rights of the child.” This article critiques international law assumptions and theoretical positions through the lens of the works of the authors mentioned above as well as current leading scholars from the Austrian perspective. The article attempts to discover if a well-reasoned critique of international law from the Austrian perspective is compatible with a realistic and effective approach to international peace and order. Findings suggest that while significantly better than some domestic law systems, public international law currently fails to adequately provide individuals with the level of holistic protection necessary to secure for them, the libertarian ideal of individual autonomy, personal sovereignty and unfettered liberty.
Keywords: International Law, Public Law, European Union, ICC, Free Markets, Libertarianism
JEL Classification: A13, B19, B31, F02, I28
Suggested Citation: Suggested Citation