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Effectuating Public International Law through Market Mechanisms?

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  • Anne van Aaken

Abstract

Traditionally, the enforcement of public international law (PIL) was a task of states: its addressees and its enforcers were states. That has changed recently. Whereas the influence of private market actors on the making of PIL has been extensively analyzed, their influence on its enforcement has been neglected, although the idea of using private interests in order to foster social goals has a long history. This article draws on theoretical insights of a rational-choice approach to PIL in order to analyze the prerequisites of effectuating PIL through privatemarket-actor incentives and market mechanisms.

Suggested Citation

  • Anne van Aaken, 2009. "Effectuating Public International Law through Market Mechanisms?," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 165(1), pages 33-57, March.
    • Handle: RePEc:mhr:jinste:urn:sici:0932-4569(200903)165:1_33:epiltm_2.0.tx_2-o
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    References listed on IDEAS

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    1. Abbott, Kenneth W. & Snidal, Duncan, 2000. "Hard and Soft Law in International Governance," International Organization, Cambridge University Press, vol. 54(3), pages 421-456, July.
    2. Abbott, Kenneth W. & Keohane, Robert O. & Moravcsik, Andrew & Slaughter, Anne-Marie & Snidal, Duncan, 2000. "The Concept of Legalization," International Organization, Cambridge University Press, vol. 54(3), pages 401-419, July.
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    Cited by:

    1. Christoph Engel & Urs Schweizer, 2009. "Editorial Preface," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 165(1), pages 1-4, March.
    2. Anne van Aaken & Janis Antonovics & Anne Aaken, 2016. "Is International Law Conducive To Preventing Looming Disasters?," Global Policy, London School of Economics and Political Science, vol. 7, pages 81-96, May.
    3. María Alexandra Ortiz Cabrera, 2019. "Colección Enrique Low Murtra, Tomo XII. Derecho Económico," Books, Universidad Externado de Colombia, Facultad de Derecho, number 1114, October.

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    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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