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States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, parallel lawsuits, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This...
Persistent link: https://www.econbiz.de/10012864064
Economic analysis of International law is in its infancy. Analogy of economic analysis of domestic law to international law is the dominant trend. Rational choice theory basically explains the economic rationale behind sources of international law, subjects of international law, the interaction...
Persistent link: https://www.econbiz.de/10014156909
In this paper, forthcoming in the Virginia Law Review, I explore the role of litigation as a policy-making and rule-generating process in the context of a democratic republic. In democracies, legislatures redistribute wealth, rights, and privileges; debate rages over the direction of this...
Persistent link: https://www.econbiz.de/10014131713
Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of international society is important to...
Persistent link: https://www.econbiz.de/10014058539
Grundlegendes/Foundations -- Law and Economics in the 21st Century -- Zur Konsequentialistischen Interpretationsmethode -- Law and Economics and the Independence of the Judiciary -- The Prince and The Law -- The Appeal of Legal Empiricism -- Eigentum/Property -- Anreize aum Verschenken — Open...
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Intro -- Contents -- Preface -- 1. Introduction: A Social Scientific Approach to International Law -- 2. Jurisdiction -- 3. Customary International Law -- 4. Treaty -- 5. International Organization -- 6. Interfunctional Linkage and Fragmentation -- 7. International Adjudication -- Afterword --...
Persistent link: https://www.econbiz.de/10012687740