The Reality of International Law

Extract

Machiavelli begins his Discourses by observing that “the curious nature of men, so prompt to blame and so slow to praise, makes the discovery and introduction of any new principles and systems as dangerous almost as the exploration of unknown seas and continents.” The Political Foundations of International Law runs this hazard, as it is both a splendid pioneering venture and vulnerable to all sorts of criticism. Although it most suggestively studies the theoretical interaction of law and politics, it provides scant doctrinal support. Although it brilliantly applies systems analysis and prudently uses decision-making theory, structural functional approaches, institutional studies, and a subtle form of historicism, it flirts outrageously with the relevance of game theory to the role of law in international affairs. Although it advances its views of international jurisdiction with unprecedented sophistication, it resorts to amateurish simplification when it discusses the United Nations Charter or the major European regional organizations. In sum, Political Foundations is at once profoundly provocative and frustratingly unrealized. However, its achievements are so much greater than its defects that it warrants high praise and mild rebuke.