Rational Choice or Deliberation? Customary International Law between Coordination and Constitutionalization
Abstract
Rational-choice approaches have gained in prominence in recent years. However, by focusing on behavioral equilibria, they can only explain phenomena of traditional customary law, which is mainly identified by an analysis of state practice. International legal scholarship increasingly reverts to interpretative methods of identifying unwritten norms, though - e.g., in the fields of human rights and global public goods. This contribution analyzes whether such approaches are just idealist pipe dreams or whether the concerned principles have legal normativity. It offers a constructivist explanation and claims that limiting one's focus to the aspect of norm compliance neglects the dynamic dimension of law.Download Info
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Bibliographic Info
Article provided by Mohr Siebeck, Tübingen in its journal Journal of Institutional and Theoretical Economics.
Volume (Year): 165 (2009)
Issue (Month): 1 (March)
Pages: 71-85
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Web page: http://www.mohr.de/jite
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Related research
Keywords:Find related papers by JEL classification:
- K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
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Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.Cited by:
- Fischer, Justina A.V. & Somogyi, Frank, 2012.
"Globalization and protection of employment,"
MPRA Paper
39426, University Library of Munich, Germany.
- Fischer, Justina AV & Somogyi, Frank, 2009. "Globalization and Protection of Employment," MPRA Paper 17535, University Library of Munich, Germany.
- Justina A.V. Fischer & Frank Somogyi, 2009. "Globalization and Protection of Employment," KOF Working papers 09-238, KOF Swiss Economic Institute, ETH Zurich.
- Fischer, Justina A.V., 2012. "The choice of domestic policies in a globalized economy: Extended Version," MPRA Paper 37816, University Library of Munich, Germany.
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