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Full-Text Articles in Legal History
Treaty Options: Towards A Behavioral Understanding Of Treaty Design, Jean Galbraith
Treaty Options: Towards A Behavioral Understanding Of Treaty Design, Jean Galbraith
All Faculty Scholarship
Rational choice theory is the dominant paradigm through which scholars of international law and international relations approach treaty design. In this Article, I suggest a different approach using a combination of empirical observations of state behavior and theoretical insights from behavioral economics. I focus on one aspect of multilateral treaty design: namely, treaty reservations and associated legal mechanisms which allow states to vary the degree of their formal commitments to treaties. I call these mechanisms “treaty options.” I argue that the framing of treaty options matters powerfully — and does so in ways inconsistent with rational choice theory, but consistent …
The Human Rights Of Indigenous Peoples: United Nations Developments, S. James Anaya
The Human Rights Of Indigenous Peoples: United Nations Developments, S. James Anaya
Publications
No abstract provided.
Globalization And Law: Law Beyond The State, Ralf Michaels
Globalization And Law: Law Beyond The State, Ralf Michaels
Faculty Scholarship
The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …