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Moral and Legal Rhetoric in International Relations: A Rational Choice Perspective

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  • Goldsmith, Jack L
  • Posner, Eric A

Abstract

Increasingly skeptical about the efficiency and effectiveness of formal multilateral enforcement mechanisms, a growing number of international relations theorists and international lawyers have begun to argue that states' reputational concerns are actually the principal mechanism for maintaining a high level of treaty compliance. This essay argues that there are a number of empirical and theoretical reasons for believing that the actual effects of reputation are both weaker and more complicated than the standard view of reputation suggests. While states have reason to revise their estimates of a state's reputation following a defection or pattern of defections, they have reason to do so only in connection with those agreements that they believe are (1) affected by the same or similar sources of fluctuating compliance costs and (2) valued the same or less by the defecting state. Among the implications of this is that all but the newest states maintain multiple reputations. Copyright 2002 by the University of Chicago.

Suggested Citation

  • Goldsmith, Jack L & Posner, Eric A, 2002. "Moral and Legal Rhetoric in International Relations: A Rational Choice Perspective," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 115-139, January.
    • Handle: RePEc:ucp:jlstud:v:31:y:2002:i:1:p:s115-39
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