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Economic techniques include price theory, which evaluates strategic interaction between actors. Game Theory can demonstrate how actors with maximizing behavior might fail to take action increase join gain. These tools are used to describe and evaluate law.

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Using these tools, laws are tested for economic efficiency. Potential application of this approach would begin with a text-based interpretation. A secondary concern is whether or not an actual "market" context is functioning well. Thirdly, ways to improve the imperfect market are proposed.

This approach could be used to analyze general legal questions, because this approach provides highly specified rules and provides the rationale for using them. This approach relies on assumptions that perfect competition exists, and that individuals will behave to maximize their preferences.

Kashmir Conflict in context of International Law

The empirical presence of these conditions is often difficult to determine. The classic International Legal Process is the method of studying how international law is practically applied to, and functions within international policy, as well as the study of how international law can be improved. ILP was made a legitimate theory in the casebook International Legal Process, by Chayes, Ehrlich and Lowenfeld, in which the American legal process method was adapted to create an international legal process.

Unlike the American Legal System, it considers normative values other than democracy, such as "… feminism , republicanism , law and economics, liberalism as well as human rights, peace and protection to the environment.


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This component of the method is important in order to resolve the changing of legal standards over time. The NLP shows its true departure from the ILP by addressing what happens in the situation of conflict, as well as what should be happening. McDougal , Harold D.

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Lasswell , and W. Michael Reisman. From the standpoint of the New Haven approach, jurisprudence is a theory about making social choices. International law itself reflects the expectations of relevant community members about stable patterns of behavior created by assertions of control by legal authorities. The primary jurisprudential and intellectual tasks are the prescription and application of policy in ways that maintain community order and simultaneously achieve the best possible approximation of the community's social goals.

It exists to this day as a method of analyzing international law from a highly theoretical perspective. Recognizing the political aspect of international law, these scholars also argue that universality is impossible. It was successful, however, in pushing forward other approaches to international law feminist , cultural relativist , etc.

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The central case approach is a method of looking at human rights situations. This approach recognizes the existence of certain universal rights. The central case approach then investigates to what extent, and in what ways the actual situation deviates from the ideal or the central case. John Finnis developed the concept of a central case as it applied to assessing legal systems; [36] Tai-Heng Cheng was the first to apply it to human rights. If used by decision-makers, the central case approach could be effective in preventing human rights abuses.

It takes into account a society's political and social situations in addition to specific human rights abuses. The depth of a central case analysis exposes the different degrees of human rights abuses that occur, allowing policy makers to focus on the most severe cases and patterns of abuse with more urgency. The central case approach provides an accurate and flexible picture of situations that are in a state of change. Feminist legal theory critiques current legal vocabulary and practice by arguing it is patriarchal , presenting men as the norm and women as a deviation from the norm.

Feminist theorists propose to change legal language to make it more inclusive of women, or to rethink law completely, so it is possible to promote broader social goals of justice and equality. Feminist methods seek to expose the biases from which international law is written and particularly the notion that women are more vulnerable than men and need special protection under the law. Feminist theorist Hilary Charlesworth criticizes the dialogue of women as victims in need of protection from both men and international law.

Additionally, she argues that the irony of the dominant language is that while it aims to especially protect women, the emphasis is on the protection of her honor and not on the protection of her social, cultural and economic rights. While human rights conventions have recently begun to generalize in regard to equality and its recipients, in the past, any discussions of sexual orientation and gender identity have gone largely untouched.

The movement of LGBT International Law Theory centers on the inclusion and awareness of LGBT rights and protection of persons , as well as the integration of queer theory within the realm of international law. The idea of international law in Roman times is a complicated one. For, not only does the Roman Republic and following empire itself dominate a long period of time in history, but also the very debate over whether or not the term "international law" is an applicable term is not yet decided.

The actual extent of these origins and their relevance to modern law is a topic that has not yet been approached in any depth.


  1. What is a Treaty?;
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  6. Third World Approaches to International Law TWAIL is a critical approach to international law that is not a "method" in the strict sense of questioning "what the law is". Rather, it is an approach to law that is unified by a particular set of concerns and analytical tools with which to explore them. It is an approach that draws primarily from the history of the encounter between international law and colonized peoples.

    TWAIL shares many concepts with post-colonial studies, feminist theory , Critical legal studies , Marxist theory and critical race theory. TWAIL scholarship prioritizes in its study the power dynamic between the First World and Third World and the role of international law in legitimizing the subjugation and oppression of Third World peoples. TWAIL scholars try to avoid presenting the "Third World" as a unified, coherent place but rather use the term to indicate peoples who have the shared experience of underdevelopment and marginalization. Chimni, Georges Abi-Saab , F.

    Garcia-Amador R. Anand , Mohammed Bedjaoui , and Taslim O.

    Over the years, several Western scholars have been sympathetic to the Third World's position and made important contributions to this body of scholarship, and these include, scholars such as C. David Kennedy and Martti Koskenniemi have also contributed support in their own work. TWAIL as a loose network of scholars has had several conferences thus far. From Wikipedia, the free encyclopedia. Successful self-enforcement of law among states requires either that they must be willing to live up to their legal obligations regardless of what others do or that reciprocity must deter violations.

    The American Economic Review, Vol. Foreign Policy : 65— Saint Louis University Law Journal.