Political Economy of International Law: Towards a Holistic Model of State Behavior

Alberta Fabricotti (ed.), Political Economy of International Law: A European Perspective, Edward Elgar, 2016, Forthcoming

U. of St. Gallen Law & Economics Working Paper No. 2015-08

33 Pages Posted: 24 Jul 2015

See all articles by Anne van Aaken

Anne van Aaken

University of Hamburg, Law School; Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods

Joel P. Trachtman

Tufts University - The Fletcher School of Law and Diplomacy

Date Written: July 22, 2015

Abstract

Political Economy (PE) has been used in the national realm to understand political outcomes, including laws and jurisprudence applied to all substantive matters. PE identifies the interests of relevant actors as well as the characteristics of the institutions through which they pursue their interests. However, the law in action ultimately sets incentives and channels interests. International Political Economy (IPE), although using a two-level analysis, that is, the interaction between national politics and the behavior of States on the international plane, has been largely confined to international economic relations as a subject matter. Furthermore, the legal dimension is predominantly missing in IPE scholarship, although international law has the potential to reorder values and interests and influence behavior within the national realm. In order to understand the many facets of international law, we develop a model extending the IPE approach to all subject matters of international law and including international law┬┤s behavioral force in the analysis of State behavior.

Keywords: State behavior, economic analysis of law, political economy, international law

Suggested Citation

van Aaken, Anne and Trachtman, Joel P., Political Economy of International Law: Towards a Holistic Model of State Behavior (July 22, 2015). Alberta Fabricotti (ed.), Political Economy of International Law: A European Perspective, Edward Elgar, 2016, Forthcoming; U. of St. Gallen Law & Economics Working Paper No. 2015-08. Available at SSRN: https://ssrn.com/abstract=2634690

Anne Van Aaken (Contact Author)

University of Hamburg, Law School ( email )

Johnsallee 35
Hamburg, 20148
Germany

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Research on Collective Goods ( email )

Kurt-Schumacher-Str. 10
D-53113 Bonn, 53113
Germany

Joel P. Trachtman

Tufts University - The Fletcher School of Law and Diplomacy ( email )

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