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Anne van Aaken
Former Member
Title
Prof. Dr.
Last Name
van Aaken
First name
Anne
Phone
+41 71 224 3370
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PublicationBehavioral International Law and EconomicsWhereas 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, behavioral law and economics and psychology have been successfully applied to national law constellations. Behavioral economic insights have furthermore been used in international relations scholarship under the heading of political psychology but international norms are neglected. Building on all those insights, the article explores the potential and challenges of extending the behavioral law and economics approach to public international law and thus to further refine our understanding of international law. It looks specifically at treaty design problems and compliance questions. This ties in with increased use of empirical research in international law: a clear desideratum for evidence-based international law.Type: journal articleJournal: Harvard International Law JournalVolume: 55Issue: 1
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PublicationOpportunities for and Limits to an Economic Analysis of International Economic LawThe paper investigates the opportunities and the limits of economic analysis in international economic law. Based on a legal theory approach, it highlights the different epistemological statements in law and explores where and how social sciences, and especially economics, may play a role in law-making (external view) and law-application (internal view). International Economic Law is in special need of economic insights (economics as a subject-matter). Economics as a methodology (and its empirical insights) can also be used to explain noneconomic issues in international economic law, such as treaty negotiations. Examples from trade and investment law highlight the need for economic analysis in international economic law as well as its limits.Type: journal articleJournal: Transnational Corporations ReviewVolume: 3Issue: 1