Violating International Law is Contagious

iCourts Working Paper Series, no. 280 (2022)

23 Chicago Journal of International Law 79 (2022)

15 Pages Posted: 21 Mar 2022 Last revised: 8 Sep 2023

See all articles by Shai Dothan

Shai Dothan

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: March 16, 2022

Abstract

Democracies have a stronger incentive to comply with international law than autocracies, but they will not comply when faced with violations by other states. International law is a mechanism of cooperation between states: it can make states vulnerable for betrayal, but also increase their chances for successful collaboration. In other words, complying with international law is like playing cooperate in a stag-hunt game. Playing cooperate is an efficient strategy but not a strategy that is evolutionary stable. If an autocracy emerges and starts to violate international law, democracies will violate international law in response. This makes violating international law contagious. However, because democracies fare better than autocracies even when they break international law, a democratic regime type can also be contagious in some settings.

Keywords: International Law Violations, Democratic peace, Game Theory

JEL Classification: K33, C72

Suggested Citation

Dothan, Shai, Violating International Law is Contagious (March 16, 2022). iCourts Working Paper Series, no. 280 (2022), 23 Chicago Journal of International Law 79 (2022), Available at SSRN: https://ssrn.com/abstract=4059169 or http://dx.doi.org/10.2139/ssrn.4059169

Shai Dothan (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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