The promise and limits of the international law of torture

Abstract
In this chapter, which was published in the Oxford University book "Torture: A Collection," I explore the place of international law in efforts to bring an end to the practice of torture. The debate over whether international law "works" has until now been highly polarized. On the one hand, skeptics of international law claim that international law is mere window dressing. States don't give up the right to engage in torture unless they have no intention of using it anyway. And once they join treaties like the Convention Against Torture, states will act no differently than if they had not done so. On the other side of the debate are those who reject this dismissive view of international law. They argue that states do not simply join treaties that are in their material interests. Rather, states will join a treaty if they are committed to the ideas and goals it embodies, even if doing so may be costly. And once states join, believers in international law argue, they will abide by their international legal commitments "most of the time." I, by contrast, argue that international law has a real effect, but not one that either friends or foes of international law would expect. Both advocates and skeptics of international law are missing important parts of the picture. Both fail to consider the role of internal enforcement of international treaties on countries' willingness to join and abide by them. Moreover, they ignore almost completely the indirect effects of treaties on countries' decisions to accept international legal limits on their behavior and then to violate or abide by them. Recognizing these dynamics creates a broader perspective on the role that international law plays in shaping how states actually behave and hence provides a more accurate picture of both the potential and the limits of international law.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 9,357
External links
  •   Try with proxy.
  • Through your library Only published papers are available at libraries
    References found in this work BETA

    No references found.

    Citations of this work BETA

    No citations found.

    Similar books and articles
    Analytics

    Monthly downloads

    Added to index

    2009-01-28

    Total downloads

    7 ( #149,772 of 1,088,790 )

    Recent downloads (6 months)

    0

    How can I increase my downloads?

    My notes
    Sign in to use this feature


    Discussion
    Start a new thread
    Order:
    There  are no threads in this forum
    Nothing in this forum yet.