In this paper we study the strengths and weaknesses of the matching-reservations mechanism introduced by Article 21 of the Vienna Convention. When states face asymmetric incentives, the rules introduced by the Vienna Convention may not discourage all reservations. We also analyze the welfare...

The effect of Civil law doctrines of precedent on the process of formation and evolution of case law is examined. Unlike the Common law systems, Civil law jurisdictions do not adopt a stare decisis principle in adjudication. In deciding any given legal issue, precedents serve a persuasive role....

Notable scholars have considered the conditions under which rules of customary law can emerge spontaneously through the voluntary interaction and exchange of states in the international community. In this paper, we model the process of international customary law formation under different...

In this paper we build upon existing literature on the evolution of the common law. We consider a model of legal evolution in which judges have varying ideologies and propensities to extend the domain of legal remedies and causes of action. Parties have symmetric stakes and are rational....

The concept of reciprocity gains importance where there is no external authority to enforce agreements. Many legal systems foster meta-rules of reciprocity to facilitate cooperative outcomes. This paper considers the role of reciprocity rules in various strategic environments. We start by...

This paper considers the role of retaliation norms as a way to induce more socially desirable behavior among self-interested parties. The paper first considers the unregulated case in which individuals indulge in mutual aggression, in the absence of other legal or social constraints. Next the...

The process of treaty formation and reservations to multilateral treaties, enshrined in Articles 19-21 of the Vienna Convention on the Law of Treaties, establishes the principle that reservations are reciprocal. The treaty will be in force between a reserving state and a non-reserving state as...

While customary law is capable of creating universally binding rules, the rules that govern its formation allow states to gain an exemption from emerging norms of customary law by remaining persistent objectors. This form of objection requires the objecting state to take express action to oppose...

Reciprocity constraints facilitate the achievement of cooperative outcomes in many game-theoretic settings. Yet, in some situations the equilibrium induced by a reciprocity constraint may not be socially optimal. After presenting the case in which reciprocity yields privately and socially...

In this paper we build upon existing literature on the evolution of the common law. We consider a model of legal evolution in which judges have varying ideologies and propensities to extend the domain of legal remedies and causes of action. Parties have symmetric stakes and are rational....