how international law works a rational choice theory

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How International Law Works

Author : Andrew T. Guzman
ISBN : 9780199739288
Genre : Law
File Size : 36. 53 MB
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Filling a conspicuous gap in the legal literature, Andrew T. Guzman's How International Law Works develops a coherent theory of international law and applies that theory to the primary sources of law, treaties, customary international law, and soft law. Starting where most non-specialists start, Guzman looks at how a legal system without enforcement tools can succeed. If international law is not enforced through coercive tools, how is it enforced at all? And why would states comply with it?--Publisher.

State Liability In Investment Treaty Arbitration

Author : Santiago Montt
ISBN : 9781847315489
Genre : Law
File Size : 45. 30 MB
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Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause.

Rational Choice And Democratic Deliberation

Author : Guido Pincione
ISBN : 9780521862691
Genre : Philosophy
File Size : 51. 98 MB
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This 2006 books offers a comprehensive and sustained critique of theories of deliberative democracy.

Key Concepts In Governance

Author : Mark Bevir
ISBN : 9781473903654
Genre : Political Science
File Size : 47. 51 MB
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'A comprehensive, multidisciplinary examination of the concepts embodied in governance and their wide-ranging applications and implications. An important read and reference for students and academics in the social sciences, particularly those engaged in public policy studies' - Professor Carolyn J. Heinrich, University of Wisconsin-Madison 'An authoritative short survey for which students and teachers alike will be profoundly grateful' - Professor Rod Rhodes, University of Tasmania and Australian National University 'Students of governance will welcome this book given the explosion of literature in the field. It provides a quick guide to key concepts and ideas but does so with considerable originality. We are offered not just a review of well-established positions but a distinctive take on the governance debate' - Gerry Stoker, Professor of Governance, University of Southampton The language of governance has risen to prominence in the last 20 years as a way of describing and explaining changes in the nature and role of the state, but the concepts involved can be confusing as they are often new and come from diverse disciplinary and theoretical settings. Key Concepts in Governance provides a clear introduction to the technical concepts and policies of contemporary governance through short definitional essays. Each entry features: " a snapshot definition of the concept " a contextualization of the concept " an overview of relevant debates " a guide to further reading. The book also includes a substantial introductory chapter which gives an overview of governance studies as a whole, orientating and guiding the reader around the issues that the concepts address. Highly readable, with clear cross-referencing, this is an ideal book for students on introductory courses and an indispensable resource for anyone interested in governance.

Pathologies Of Rational Choice Theory

Author : Donald Green
ISBN : 0300066368
Genre : Political Science
File Size : 67. 2 MB
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A critical evaluation of the use of rational choice theory in political science. In this text, the authors assess this theory where it is believed to be most useful: the study of collective action, the behaviour of political parties, and phenomena such as voting cycles and prisoners' dilemmas.

The Limits Of International Law

Author : Jack L. Goldsmith
ISBN : 9780195314175
Genre : Law
File Size : 44. 51 MB
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International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Understanding International Law

Author : Conway W. Henderson
ISBN : 144431825X
Genre : Law
File Size : 30. 23 MB
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Understanding International Law presents a comprehensive, accessible introduction to the various aspects of international law while addressing its interrelationship with world politics. Presents well-organized, balanced coverage of all aspects of international law Features an accompanying website with direct access to court cases and study and discussion questions. Visit the site at: www.wiley.com/go/internationallaw Includes discussion of the efficacy of international law, a topic unique among international law texts Offers discussion of other topics that most texts do not address, such as complete chapters on making the world safer, human rights, the environment, and the world economy

Norms In A Wired World

Author : Steven A. Hetcher
ISBN : 1139451146
Genre : Philosophy
File Size : 69. 59 MB
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Social order is regulated from above by the law but its foundation is built on norms and customs, informal social practices that enable people to make meaningful and productive uses of their time and resources. Despite the importance of these practices in keeping the social fabric together, very little of the jurisprudential literature has focused on a discussion of these norms and customs. In Social Norms in a Wired World Steven Hetcher argues that the traditional conception of norms as rule-like linguistic entities is erroneous. Instead, norms must be understood as patterns of rationally governed behaviour maintained in groups by acts of conformity. Using informal game theory in the analysis of norms and customs, Hetcher applies his theory of norms to tort law and Internet privacy laws. This book will appeal to students and professionals in law, philosophy, and political and social theory.

Customary International Law

Author : Brian D. Lepard
ISBN : 9780521191364
Genre : Law
File Size : 58. 62 MB
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This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.

The Oxford Handbook Of Offender Decision Making

Author : Wim Bernasco
ISBN : 9780190674748
Genre : Social Science
File Size : 67. 22 MB
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Although the issue of offender decision-making pervades almost every discussion of crime and law enforcement, only a few comprehensive texts cover and integrate information about the role of decision-making in crime. The Oxford Handbook of Offender Decision Making provide high-quality reviews of the main paradigms in offender decision-making, such as rational choice theory and dual-process theory. It contains up-to-date reviews of empirical research on decision-making in a wide range of decision types including not only criminal initiation and desistance, but also choice of locations, times, targets, victims, methods as well as large variety crimes including homicide, robbery, domestic violence, burglary, street crime, sexual crimes, and cybercrime. Lastly, it provides in-depth treatments of the major methods used to study offender decision-making, including experiments, observation studies, surveys, offender interviews, and simulations. Comprehensive and authoritative, the Handbook will quickly become the primary source of theoretical, methodological, and empirical knowledge about decision-making as it relates to criminal behavior.

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