The Perils of Global Legalism
Eric A. Posner
Abstract
The first months of Barack Obama's administration have led to expectations, both in the United States and abroad, that, in the coming years, the country will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation's best interests. This book explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, it lays out the many illusions—such as univers ... More
The first months of Barack Obama's administration have led to expectations, both in the United States and abroad, that, in the coming years, the country will increasingly promote the international rule of law—a position that many believe is both ethically necessary and in the nation's best interests. This book explains that such views demonstrate a dangerously naive tendency toward legalism—an idealistic belief that law can be effective even in the absence of legitimate institutions of governance. After tracing the historical roots of the concept, it lays out the many illusions—such as universalism, sovereign equality, and the possibility of disinterested judgment by politically unaccountable officials—on which the legalistic view is founded. Drawing on such examples as the North Atlantic Treaty Organization's invasion of Serbia, attempts to ban the use of land mines, and the free-trade provisions of the WTO, the book demonstrates throughout that the weaknesses of international law confound legalist ambitions—and that, whatever their professed commitments, all nations stand ready to dispense with international agreements when it suits their short- or long-term interests. It will serve as a wake-up call for those who view global legalism as a panacea, and as a reminder that international relations in a brutal world allow no room for illusions.
Keywords:
Barack Obama,
United States,
global legalism,
international law,
universalism,
sovereign equality,
international relations,
governance
Bibliographic Information
| Print publication date: 2009 |
Print ISBN-13: 9780226675749 |
| Published to Chicago Scholarship Online: March 2013 |
DOI:10.7208/chicago/9780226675923.001.0001 |
