Applications of ABM in International Legal Research: The Case of Compliance

iCourts Working Paper Series, no. 292, 2022

Forthcoming in: AMPM-Workshop@JURIX 2021, CEUR Workshop Proceedings 2022

12 Pages Posted: 30 Aug 2022

See all articles by Katharina Luckner

Katharina Luckner

Institute of Law and Economics, Universität Hamburg; iCourts, University of Copenhagen

Veronika Fikfak

University College London - School of Public Policy; University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: August 2022

Abstract

Agent-based modeling has been largely overlooked in international legal research, even though it could be used to gain insights into the highly complex processes of state behavior relevant to international law that can only be insufficiently addressed with other methods. On the basis of a concrete application – state compliance with European Court of Human Rights judgments - we show the applicability of agent-based modeling to international legal research. We discuss its implications for two levels of analysis: (1) understanding the drivers of state behavior, which contributes to the international law research with unitary state actors at its center, and (2) within state dynamics and their influence during the compliance process, which breaks the black box of the state. Agent-based models addressing the questions that arise on these levels can take a variety of shapes. We provide one line of thought on the set-up of an agent-based model for each of the two levels of analysis and discuss expected difficulties. Finally, we provide an outlook on how these aspects might come together in exploring how compliance rates can be bettered.

Keywords: International Law, Compliance, Human Rights, Agent-based Modeling, European Court of Human Rights, Quantitative Legal Research, Qualitative Legal Research

Suggested Citation

Luckner, Katharina and Fikfak, Veronika, Applications of ABM in International Legal Research: The Case of Compliance (August 2022). iCourts Working Paper Series, no. 292, 2022, Forthcoming in: AMPM-Workshop@JURIX 2021, CEUR Workshop Proceedings 2022, Available at SSRN: https://ssrn.com/abstract=4185841 or http://dx.doi.org/10.2139/ssrn.4185841

Katharina Luckner (Contact Author)

Institute of Law and Economics, Universität Hamburg ( email )

Johnsallee 35
Hamburg, 20148
Germany

iCourts, University of Copenhagen ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

Veronika Fikfak

University College London - School of Public Policy ( email )

29/30 Tavistock Square
London, WC1H 9QU
United Kingdom

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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