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The Lawfare Podcast

The World Crisis and International Law

The Lawfare Podcast

The Lawfare Institute

History, News, National Security, Law, Terrorism, Current Events, Military, International Law, Foreign Policy, Intelligence, International Relations, Politics, Diplomacy, Rule Of Law, Government, Constitutional Law

4.76.4K Ratings

🗓️ 10 February 2023

⏱️ 61 minutes

🧾️ Download transcript

Summary

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.

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Transcript

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0:00.0

The following podcast contains advertising.

0:04.0

To access an ad-free version of the LawFair podcast,

0:08.0

become a material supporter of LawFair at patreon.com slash law fair.

0:14.0

That's patreon.com slash law fair.

0:18.0

Also, check out LawFair's other podcast offerings,

0:22.0

rational security, chatter, law fair no bull and the aftermath.

0:32.0

I'm Kerry Godliman. From Wanderley and novel comes stolen hearts.

0:36.0

A story about a cop who falls in love with a man who is not all he seems to be.

0:40.0

Jills a cop and Dean, he's something else entirely.

0:44.0

She said to me, if I don't know what it is,

0:46.0

but I know something's not right with you.

0:48.0

I've got two kids at home, I've got a career in the police,

0:50.0

I didn't know who I could trust.

0:52.0

There's a certain element within the police force who say what she must have known.

0:56.0

Listen to stolen hearts on Amazon music or wherever you get your podcast.

1:08.0

So my argument would be that international law is at most secondary and probably tertiary

1:14.0

as a response to the broader political economic and social forces.

1:20.0

I've always believed that law reflects rather than creates.

1:24.0

But at the same time, I think that law can in particular discrete areas promote social trust rather than undermine it.

1:34.0

Or putting it differently, I think extravagant legal claims undermine social trust and moderate legal claims that are crowned with success.

1:46.0

Do build social trust.

1:48.0

I'm Jack Goldsmith and this is the Law Fair Podcast February 10, 2023.

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