Toward An Econometric Model of Guzman'S Theory of Customary International Law

2011 ◽  
Vol 56 (2) ◽  
pp. 98-107
Author(s):  
Ryan Luby
Keyword(s):  
United States ◽  
International Law ◽  
Econometric Model ◽  
The United States ◽  
Theoretic Model ◽  
Diverse Group ◽  
Customary International Law ◽  
Game Theoretic ◽  
Game Theoretic Model ◽  
The One

The United States' recent incursions into both Iraq and Afghanistan have resituated debates concerning the validity and effectiveness of customary international law (CIL). On the one hand, scholars such as Goldsmith and Bradley argue that CIL is neither valid nor effective. Recently, Guzman formulated a response to such arguments as those proposed by Goldsmith and Bradley (1997). In a lucid critique of Goldsmith's argument, Guzman categorizes such arguments as “doctrinal” (2006). Instead, Guzman proposes a game theoretic model that seeks to quantify “reputation” in order to ascertain a given norm's status as CIL. The following paper proposes an econometric model in order to operationalize Guzman's theory of CIL. Indeed, looking at a politically and economically diverse group of five countries between the years of 1960 and 2008, the analysis herein suggests a more nuanced conception of CIL than the absolutist position of Goldsmith.

scholarly journals Strategic aspects of cyberattack, attribution, and blame

2017 ◽  
Vol 114 (11) ◽  
pp. 2825-2830 ◽  
Author(s):  
Benjamin Edwards ◽  
Alexander Furnas ◽  
Stephanie Forrest ◽  
Robert Axelrod
Keyword(s):  
United States ◽  
North Korea ◽  
Strategic Choice ◽  
The United States ◽  
Third Party ◽  
Theoretic Model ◽  
Knowledge Level ◽  
Game Theoretic ◽  
Game Theoretic Model ◽  
Cyber Conflict

Cyber conflict is now a common and potentially dangerous occurrence. The target typically faces a strategic choice based on its ability to attribute the attack to a specific perpetrator and whether it has a viable punishment at its disposal. We present a game-theoretic model, in which the best strategic choice for the victim depends on the vulnerability of the attacker, the knowledge level of the victim, payoffs for different outcomes, and the beliefs of each player about their opponent. The resulting blame game allows analysis of four policy-relevant questions: the conditions under which peace (i.e., no attacks) is stable, when attacks should be tolerated, the consequences of asymmetric technical attribution capabilities, and when a mischievous third party or an accident can undermine peace. Numerous historical examples illustrate how the theory applies to cases of cyber or kinetic conflict involving the United States, Russia, China, Japan, North Korea, Estonia, Israel, Iran, and Syria.

scholarly journals Expansion of Corporative Free Speech and the Ongoing Constitutional Crisis in the United States

Díkaion ◽  
2019 ◽  
Vol 28 (2) ◽  
pp. 247-283
Author(s):  
Isaac de Paz González ◽  
José Luis Contreras Ramírez
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
District Courts ◽  
Political Issues ◽  
Customary International Law ◽  
The Supreme Court ◽  
Key Factor ◽  
The One

This paper focuses on the constitutional-political turbulence that Donald J. Trump has been creating since he was elected president of the United States. On the one hand, we point out the mainstream of litigious and political issues as signals of an on-going constitutional crisis in the United States and its consequences, both in the national and international scenarios. On the other, we explain the indicators of the constitutional crisis within two levels of analysis. The first one considers Trump’s multiple attacks against American constitutional liberties, while the second one studies the cases of Trump’s policies against customary international law. The paper unveils empirical evidence of all the above-mentioned issues in order to explain the increasing constitutional litigation in District Courts and the Supreme Court of the United States. Therefore, the article puts the finger on the role of the judiciary as a key factor in blocking Trump’s policies and his pervasive attacks on the American rule of law.

The World Court and Jus Cogens

1987 ◽  
Vol 81 (1) ◽  
pp. 93-101 ◽  
Author(s):  
Gordon A. Christenson
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
The United States ◽  
Customary International Law ◽  
The World ◽  
The United Nations ◽  
Jus Cogens ◽  
United Nations Charter

In the merits phase of decision in the case brought by Nicaragua against the United States, the World Court briefly mentions references by states or publicists to the concept of jus cogens. These expressions are used to buttress the Court’s conclusion that the principle prohibiting the use of force found in Article 2(4) of the United Nations Charter is also a rule of customary international law.

scholarly journals Acts of genocide and international law

2021 ◽  
pp. 44-54
Author(s):  
Stefan Kirchner ◽  
Doly P. Orozco López
Keyword(s):  
United States ◽  
International Law ◽  
Central America ◽  
United States Of America ◽  
The United States ◽  
International Treaty ◽  
Customary International Law ◽  
Treaty Law ◽  
Women And Children ◽  
Jus Cogens

In addition to the loss of over 200,000 lives due to the COVID-19 pandemic, racist violence, riots, wildfires, storms and political controversies in an election year, the United States of America might now also see acts of genocide. If recent reports are confirmed, multiple acts of genocide have been committed against migrants from Central America, targeting in particular women and children. This text outlines the elements which define the crime of genocide under international law and explains the special, jus cogens, status the prohibition of genocide has under both international treaty law and customary international law. It includes a call for further investigations, pursuant to the obligation of all States to combat genocide.

scholarly journals Custom and Treaties as Interchangeable Instruments of National Policy

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 41-45 ◽  
Author(s):  
Bart M. J. Szewczyk
Keyword(s):  
United States ◽  
International Law ◽  
International Cooperation ◽  
National Policy ◽  
The United States ◽  
Medium Term ◽  
Customary International Law ◽  
Rules And Standards ◽  
Multilateral Treaties

As treaties decline, customary international law can be an important mechanism of international cooperation over the medium term. There are increasingly fewer treaties ratified by the United States, with a record-low number of five in 2009–2012, and fewer multilateral treaties adopted worldwide. Yet, the demand for global rules and standards has not abated. Thus, for many international questions where treaties are not available as a source of new rules, customary international law may serve as an interchangeable instrument of national policy.

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