The unraveling of international law is attributed to the accelerating pace of technological change induced by the knowledge economy.
The challenges facing liberal internationalism include the rise of nationalist populism, revisionist states like China, economic instability, and social distrust.
The role of the knowledge economy in global disruptions and the failure of international law highlights its influence on demand for global movements and challenges like economic inequality.
Deep dives
International Law in the Face of Global Challenges
International law faces significant challenges due to factors such as global populism, China's rise, the war in Ukraine, the pandemic, climate change, cybersecurity threats, among others. The podcast discusses the unraveling of international law, attributing it to the accelerating pace of technological change induced by the knowledge economy. The rejection of international law by the highest courts of important states and the difficulties faced by international institutions are highlighted as key issues.
Challenges to Liberal Internationalism
The podcast delves into the challenges facing liberal internationalism, addressing the rise of nationalist populism, revisionist states like China, economic instability, and social distrust. The discussion explores the erosion of values and institutions post-Cold War, reflecting on the unrealistic aspirations of liberal internationalism during the optimistic 1990s.
The Impact of the Knowledge Economy
A key focus of the podcast is the role of the knowledge economy in global disruptions and the failure of international law. The knowledge economy, emphasizing knowledge as a production input, is identified as a driving force behind globalization. The discussion highlights how the knowledge economy influences demand for global movements and the challenges it poses, such as economic inequality and social trust issues.
Addressing Dysfunction in International Law
The podcast proposes a bottom-up approach to addressing dysfunction in international law, emphasizing trial and error over top-down initiatives. By citing successful examples like the US-led anti-bribery regime and competition law, the discussion advocates for powerful states to lead by example, promoting cooperative outcomes. The narrative advocates for teaching international law with a focus on the struggle for gains and balancing competing interests, akin to the approach for tax law.
The Future of International Law Education
The podcast concludes by highlighting the need to change how international law is taught in academia, advocating for a shift towards a more practical, realpolitik approach akin to teaching tax law. The discussion suggests that viewing international law through the lens of competing interests and gains can provide a more nuanced and relevant understanding of its functioning and impact on global dynamics.
International law has been under significant stress in the last decade as a result of global populism, the rise of China, the war in Ukraine, and the challenges of the pandemic, climate change, and cybersecurity threats, among many others. To discuss why international law seems to be failing in important respects and what to do about it, Jack Goldsmith sat down with Paul Stephan, the John C. Jeffries, Jr., Distinguished Professor of Law at the University of Virginia, and author of the new book, “The World Crisis and International Law: The Knowledge Economy and the Battle for the Future.” They discussed whether international law is truly failing, and if so, how; Stephan's claim that the accelerating pace of technological change induced by the knowledge economy best explains international law’s unraveling; why the highest courts of important states are increasingly rejecting international law and the orders of international courts and tribunals; and Stephan's bottom-up prescriptions for these problems.
