OPTIMAL PROTECTION OF INTERNATIONAL LAW doc

[...]... Immigration Law Journal Harvard Human Rights Journal Harvard International Law Journal Harvard Law Review Hofstra Law Review International Court of Justice ICJ Reports International Centre for the Settlement of Investment Disputes International Law Commission ILC Articles on the Responsibility of States for Internationally Wrongful Acts International Legal Materials International Review of Law and Economics... Considering the current state of international law, in contrast, the levels and types of protection or ‘‘bindingness’’ of international law commitments are surprisingly uniform (besides so-called soft law, a set of norms not tackled in this book) Yet, in recent decades, some variations have emerged The aim of this book is to elaborate a framework of variable protection for international law based on current... Treaties Virginia Law Review Wisconsin Law Review World Competition Law and Economics Review World Trade Organization Yale Journal of International Law Yale Law Journal Yearbook of International Environmental Law ¨ ¨ Zeitschrift fur auslandisches ¨ ¨ offentliches Recht und Volkerrecht FOREWORD Should we allow for “efficient breach” in international law? That is one of the questions that Professor Joost... welfare of the planet needs all the strengthening it can get From their point of view, the optimal level of protection is clearly the strongest level of protection American partisans of law and economics, on the other hand, would assume that the optimal level of protection is the level that allows for the greatest freedom of action The actual knowledge or thinking of neither side would be advanced But Professor... American Journal of International Law Alabama Law Review American Economic Review American Law and Economics Review American Political Science Review American Sociological Review Arizona State Law Journal Austrian Review of International and European Law Bilateral Investment Treaties British Yearbook of International Law California Law Review Cardozo Law Review Clean Development Mechanism Chicago Law Review... variable protection of international law is the logical result of its success and further refinement Rather than undermining international law, variable protection takes the normativity of international law seriously and calibrates it to achieve maximum welfare and effectiveness at the lowest cost to contractual freedom and legitimacy.9 One of the truly attractive features of international law is that,... Journal of Legal Studies Journal of Political Economy Journal of World Investment and Trade Law and Economics in Civil Law Countries Michigan Law Review Minnesota Journal of Global Trade Minnesota Law Review Massachusetts Institute of Technology Press North American Free Trade Agreement Natural Resources Journal Nordic Journal of International Law New York Times New York University Journal of International. .. held – is that law and economics types don’t really want law at all; or at least no more than the bare minimum necessary for a market to function Yet one of the most important contributions of Optimal Protection of International Law is Pauwelyn’s exploration of the paradox of why the strongest international law rules may have the weakest enforcement regimes Jus cogens rules, the holy of holies binding... of International Arbitral Awards United Nations Treaty Series University of Pittsburgh Law Review United States of America United States Trade Representative University of Saint Thomas Vanderbilt Journal of International Law Vanderbilt Law Review list of abbreviations VCLT Virginia LR Wisconsin LR World Comp L Econ R WTO Yale J Int L Yale LJ YB Int Env L ¨ ZaoRV xxiii Vienna Convention on the Law of. .. particular types of international problems and sketch the basic architecture (or set of reforms to existing architecture) of institutions to resolve them xxviii foreword Beyond these specific uses of the book, I suspect that scholars twenty years from now will look back and see Optimal Protection of International Law as part of a larger watershed: the convergence of European and American approaches to international . the “binding nature” of international law. In essence, the book pleads for a variable scale of different levels and degrees of protection and enforcement of international law. I would like to. theory of variable protection of international law, placed at the intersection between “European absolutism” and “American voluntarism.” Rather than undermining international law, variable protection. received the Paul Guggenheim Prize for his book Conflict of Norms in Public International Law (2003). OPTIMAL PROTECTION OF INTERNATIONAL LAW: NAVIGATING BETWEEN EUROPEAN ABSOLUTISM AND AMERICAN