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Economic sanctions are a very important topic in the present international relations but also very common headlines in the daily news. At the present time, they become an increasingly prevalent measure for disciplining states’ unacceptable behaviour by a ban on trade and disruption of...
Persistent link: https://www.econbiz.de/10012178525
The dispute settlement system of the World Trade Organization prides itself on its high degree of judicial independence and the impartiality of its adjudicators. Yet compared to other international tribunals, WTO members exert considerable political control over WTO adjudicators. Contestation...
Persistent link: https://www.econbiz.de/10014317087
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While these insights were initially perceived as antithetical to standard...
Persistent link: https://www.econbiz.de/10012947432
The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...
Persistent link: https://www.econbiz.de/10014216751
This article posits that the creation and development of international regulatory regimes has so far required a choice between rulemaking and adjudication. Regulators that wish to make policy broadly and prospectively have done so informally and through rules. More elaborate and powerful...
Persistent link: https://www.econbiz.de/10014216792
Theory about the relevance of soft law abounds; empirical research on the topic does not. This study begins to even out this imbalance by not only developing a number of conjectures based on institutional economics, but also by testing them empirically. Based on all 2,289 soft laws concluded by...
Persistent link: https://www.econbiz.de/10014182409
The laws of territorial sovereignty are among the earliest to have been developed in modern international law, and are among the most important. While this would seem to indicate the potential attractiveness of normative economic analyses of the laws of territorial sovereignty, there is...
Persistent link: https://www.econbiz.de/10013080436
There are various ways of understanding, interpreting and theorising international law. For instance, Kelsen founded a method of jurisprudence that was critical of ideology, the socalled “pure theory of law”. This is a method allowing jurists to engage with law as a subject of study in a...
Persistent link: https://www.econbiz.de/10013075374
Problems which can only be resolved through international cooperation are increasing. Due to this increase, states cooperate more than ever with each other and with international organizations (IOs) but often insufficiently to solve the problems. When social scientists analyze the potential for...
Persistent link: https://www.econbiz.de/10010375146
Whereas the rational choice approach to international law has been widely accepted in legal scholarship and international relations theory, challenges to the rational choice paradigm in economic analysis of international law have hitherto not been systematically explored. Nevertheless,...
Persistent link: https://www.econbiz.de/10010375487