by S.I. Strong
VOLUME 53 :: No. 3
VOLUME 53 :: No. 3
Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty, and Statutory Interpretation in International Commercial Arbitration
Silencing the Media in Sri Lanka: How the Sri Lankan Constitution Fuels Self-Censorship and Hinders Reconciliation
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 with insights from behavioral economics. This finding has important implications for the theory, law, and practice of treaty-making and for our understandings of state behavior more generally.
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NEWS & EVENTS
November 10, 2013Should the United States Use Treaties to Make the World "More Like Us"?
February 18, 2013Volume 54 Executive Board Announcement
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