The law frequently employs a concept of \negligence. What does the concept mea This question can be explored from many perspectives. One perspective analyzes different ways of articulating the content of the standard-as a cost- benefit balance, or a judgment about \community values, or a version of the Golden Rule. Another, related perspective considers the normative foundations

A Theory of Customary International Law Jackl. Goldsmithand eric A. Posner*e Customary international law (\CIL\)is one of two primary forms of international law, the other being the treaty. CIL is typically defined as a\customary practice of states followed from a sense of legal obligation. \1 Conventional wisdom views CiL as a unitary phenomenon that pervades

Contemporary globalization both requires, and permits, the re-casting of international law away from a\society of states \model and towards a model of global society and even global community. By effectively eliminating both time and space factors in social interaction, globalization is changing the nature of global social relations, intensifying the obsolescence of the society of states\model, and demanding al fundamental change in the social theory of international law towards a global society of persons. Because of these changes

Yale law School Public Law and Legal Theory Research Paper No 52 Center for Law, Economics and Public policy Research Paper No 275 University of virginia School of Law Law and economics research Paper series Research Paper No. 03-1 Contract Theory and the limits of Contract Law Alan Schwartz and robert e. scott

AMERICAN JUDGES AND INTERNATIONAL LAW Introduction I. The Nature of Customary International Law II. The Traditional American Approach to Customary International Law IlL. Current American Approaches to Determining the Content of Customary International law A. The Concept of Jus Cogens

THE ROLE OF RECIPROCITY IN INTERNATIONAL LAW Francesco Parisi and Nita ghei INTRODUCTION contented with so much liberty against other men as he would allow other men against himsel/'6 [A] man be willing, when others are too, as far forth for peace and defense of himself, The concept of reciprocity assumes

The role of private international law in the united states Beating the not-Quite-Dead Horse of jurisdiction Kevin m clermont Territorial authority to adjudicate is the preeminent component of private international law. Empiricalresearch proves that forum really affects outcome, probably by multiple influences. This practical effect makes international harmonization of jurisdictional law highly desirable. Although harmonization of nonjurisdictional law remains quite unlikely, jurisdictional harmonization is

Abstract This Article examines international law from the perspective of compliance Using insights from international relations theory, the article adopts a theory in which compliance comes about in a model of rational, self-interested states. Specifically, states are concerned about both reputational and direc t sanctions tor their conduct

Is International Law Impartial? Steven R. Ratner The last decade has seen a resurgence of interest among philosophers in the core questions of ethics and justice on the international plane. Issues once discussed primarily in the response to the major global debates of the 1960s and 1970s-the vietnam War and

The Economics of Public International Law Alan O. Sykes\ Abstract: This paper is a preliminary draft for eventual inclusion in the Handbook of Law and Economics, A. Mitchell Polinsky Steven Shavell editors. It reviews and synthesizes the work of economists and law and economics scholars in the field of public international law. The bulk of that work has been in the area of international trade, but many of the ideas in the trade literature have implications for other subfields