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The Oxford Handbook of the Theory of International Law edited by Orford, Anne; Hoffmann, Florian (2nd June 2016)

Part II Approaches, Ch.22 International Law and Economics: Letting Go of the ‘Normal’ in Pursuit of An Ever-Elusive Real

Dan Danielsen

From: The Oxford Handbook of the Theory of International Law

Edited By: Anne Orford, Florian Hoffmann

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 24 May 2019

Subject(s):
Economic sanctions — Responsibility of international organizations — Customary international law — General principles of international law — Sources of international law

This chapter describes some of the most common presuppositions, assumptions, and expectations found in much of international law and economics scholarship. These are most often explained or justified on the grounds that simplifying models and assumptions are necessary to reach analytic conclusions, because the complexity of ‘real world’ economic life is impossible to capture. Yet innovation in international law and economics both at the level of theory and of substantive research will require better methods for identifying and foregrounding the assumptions and normative values that animate research choices and policy conclusion. In short, this chapter proposes a new critical practice of self-conscious analytic introspection and normative transparency, which would be useful to move international law and economic theory beyond its prior limits.

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