The Yale Law Journal Online
has published the second in a series of responses to Oona Hathaway and Scott S. Shapiro’s article Outcasting: Enforcement in Domestic and International Law
, which appeared in the November 2011 issue of The Yale Law Journal
. In Outcasting, Globalization, and the Emergence of International Law
, Robin Bradley Kar builds on Hathaway and Shapiro’s work by recasting their conclusions in the context of obligation. Kar argues that understanding the perceived obligatoriness of law is key to arguing whether international law is law. Enforcement mechanisms like outcasting or physical sanction are effective because they provide the necessary evolutionary stability conditions for a system of international legal obligations to thrive. Kar posits that the emergence of such a system is evidence of a significant transformation in our social order.
Preferred citation: Robin Bradley Kar, Outcasting, Globalization, and the Emergence of International Law, 121 YALE L.J. ONLINE 413 (2012), http://yalelawjournal.org/2012/01/31/kar.html.