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International Law

The University of Akron

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Clash Of Cultures: Epistemic Communities, Negotiation Theory, And International Lawmaking, S. I. Strong Aug 2017

Clash Of Cultures: Epistemic Communities, Negotiation Theory, And International Lawmaking, S. I. Strong

Akron Law Review

International lawmaking has become an increasingly important feature in today’s globalized society, although the process is often complicated and less than transparent to outsiders. Most scholars seeking to understand international lawmaking adopt a political paradigm. However, it is critical to consult other analytical models if every facet of the process is to be fully appreciated.

This Article expands the conventional understanding about international lawmaking by applying a negotiation-analytic perspective to certain ongoing deliberations at the United Nations Commission on International Trade Law (UNCITRAL). In particular, the analysis considers how disparities between different epistemic communities could affect the shape and future …