Hersch Lauterpacht Memorial Lecture 2019: 'Democracies and International Law: The Trials of Liberalism (Part 1)' - Professor Tom Ginsburg

LCIL International Law Seminar Series

A series of three lectures by Professor Tom Ginsburg, Leo Spitz Professor of International Law, Ludwig and Hilde Wolf Research Scholar, Professor of Political Science, The University of Chicago Law School. All lectures are held at the Lauterpacht Centre at 6 pm on Tuesday 12 March, Wednesday 13 March and Thursday 14 March with a Q&A at 1 pm on Friday 15 March (sandwich lunch from 12.30 pm). Lecture 1: Democracies and International Law In this lecture, I seek to explore whether and how democracies behave differently than non-democracies in their use of international legal instruments. Understanding this relationship requires returning to some of the foundational assumptions of the literature, especially those associated with liberal theory. Scholars in the 1990s argued that international law among liberal states was qualitatively different from that among illiberal states. This is, as I argue, an empirical question, and the first lecture will go about testing whether liberal states are indeed more likely to cooperate using legal mechanisms. I show that international law in our era is largely produced by and utilized by democratic states, but I go on to argue that liberal theory did not provide a complete theoretical account. Instead I draw on the theory of public goods to develop an explanation for international legal institutions. The Hersch Lauterpacht Memorial Lecture is an annual three-part lecture series given in Cambridge to commemorate the unique contribution to the development of international law of Sir Hersch Lauterpacht. These lectures are given annually by a person of eminence in the field of international law.