The Game Analysis Of Reciprocity In International Law

Reciprocity plays an important role in international law, for it is impossible for international law, not like national law, to be guaranteed by national enforcement power. Generally speaking, the violence organs such as the prison and the police of the state which are the guarantee of the implementation of national law do not exist in international legal system. Of course, there are also the legal systems which guarantee the implementation of international law, even the United Nations Security Council also has peacekeeping force, but they are very different from the national enforcement power. Due to the lack of unified legislature and enforcement agencies, the implementation of international law to a large extent depends on the autonomous decision-making of the subject of international law. In addition to being bound by the rules of international law and ethics, the interests of a subject of international law rules will be taken into most consideration in whether or not comply with a rule. This makes the process in which the subjects of international law participate in international relation and make the strategic choice into a process of the game. If maximize their own interests, a subject of international law will tend to choose cooperation. Conversely, all subjects of international law will be more likely to choose to deviate from, that is, do not cooperate. Law-economics analyzes law in terms of community economy, and the game theory is an important tool in Law-economics. To analyze international relations from the perspective of game theory, we can make clearer the real reason of making a strategic choice by some subjects of the international law. Game theory analysis of legal issues broadens our perspective and deepens our understanding of the legal issues, but as a method of economics, when used in legal analysis, it also has some inevitable limitations. As an analysis method in economics, the subject of game analysis is the combination of economic interests, they make the choice mainly in light of economic interests, whether to make the choice and which one to choose would depend on whether they can maximize they interests. We analyze the reciprocity in international law is also based on this assumption and premise. However, international relations are much more complex than this in the real world. People are social animals, and economic interests are not the sole purpose for a choice. As a subject of international law, a country has to take into account all aspects, and it is not purely from the perspective of economic interests. Of course, we would not deny that economic interests are important basis for making decision, costs and interests could be important driving force which can promote an individual or country to make a choice. This is also the reason why we can analyze law with game theory.From the perspective of game theory, reciprocity can succeed in solving a lot of contradictions and conflicts in international relations, thus contributing to the choice of cooperation of the subjects of international law. Of course, in many cases, the principle of reciprocity is also powerless. However, on the whole, the principle of reciprocity should be a fundamental principle of international law and has played an important role in promoting cooperation in the choice of countries.