We have not yet directly addressed the argument by Goldsmith and Posner that CIL generally
does no work-that state behavior is not motivated by CIL, but only by self-interest.123
The implication of this argument, not made explicit by Goldsmith and Posner, is that CIL does
not exist, because CIL doctrine requires practice motivated by opinio juris-by CIL. The
Goldsmith-Posner argument is subject to several responses.