Anne van Aaken
Biographic Data
| ID | 5697395 |
|---|---|
| NAME | Anne van Aaken |
| GIVEN NAMES | Anne |
| FAMILY NAME | van Aaken |
| SIGNATURE | VAN AAKEN A |
| AFFILIATIONS | Universität Hamburg |
| ORCID | 0000-0003-3058-314X |
| VERIFIED | Yes |
| TOTAL WORKS | 24 |
| TOTAL CITATIONS | 19 |
| AUTHOR COUNT | 20 |
| EDITOR COUNT | 4 |
| FIRST PUBLICATION YEAR | 2002 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 3 |
From Cooperation to Anomie and Transaction in the Transatlantic Relationship? A View from Europe on the Trump Administration 2.0
opportunity to address the system's weaknesses and reposition the WTO for the future," 83 a sentiment that has sparked "broad agreement" among members on the urgent need for institutional renewal.Furthermore, despite its aggressive bilateral approach, the United States remains engaged on the multilateral front.For instance, recent trade agreements-such as the one with Indonesia-contain repeated references to the WTO e-commerce moratorium and the …
Table of Legislation
Table of Cases
Copyright Page
Rule of Law in Europe
The rule of law is perceived as the bedrock of peace in Europe. European countries have built their institutions on that very premise: the Council of Europe (CoE) and the European Union (EU). Yet, although the rule of law is not yet on the red list of endangered species in Europe, there is rule of law backsliding in some European States (to a varying degree) and between European States. This chapter discusses the various definitions of the rule o…
The Oxford Handbook of International Law in Europe
This handbook provides a comprehensive account of how international law is understood and practised in Europe, broadly defined for the purposes of the book as Council of Europe countries in the past and in the present. Its parts cover Europe’s values, intellectual traditions, and institutions as well as the approaches of individual European countries. A diverse group of leading scholars and practitioners of international law are led by three over…
Introduction to the Symposium on Digital Trade
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Introduction
Equality is both a premise and a promise (or at least much lip service is paid to such) of today’s international law. Customary international law and instruments such as the United Nations Charter, the Universal Declaration of Human Rights and other foundational treaties of the multilateral system are premised on the equality of states, the right to self-determination and the fundamental equality of human beings. With the era of decolonization, i…
The Cognitive Psychology of Rules of Interpretation in International Law
While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases …
Rewarding in International Law
Why states comply with international law has long been at the forefront of international law and international relations scholarship. The compliance discussion has largely focused on negative incentives. We argue that there is another, undertheorized mechanism: rewarding. We provide a typology and illustrations of how rewards can be applied. Furthermore, we explore the rationale, potential, and limitations of rewarding, drawing on rationalist and…
Ökonomische Analyse des Völker- und Europarechts
Das Buch bietet eine Darstellung der ökonomischen Analyse des Rechts und ihrer Anwendung auf das Völker- und Europarecht. Es behandelt die Grundlagen dieser Forschungsrichtung, die ökonomische Analyse internationaler Kooperation und supranationaler Entscheidungen sowie der Rechtsquellen des Völker- und Europarechts. Dieser Ansatz wird auf zentrale Bereiche des Völker- und Europarechts angewendet, insbesondere auf den Europäischen Binnenmarkt, das…
Introduction to the Symposium on Unilateral Targeted Sanctions
Article 4 stipulates that hazardous waste may not be exported to Antarctica, to a state not party to the Convention, or to a party having banned the import
Experimental Insights for International Legal Theory
Insights from experimental psychology and economics have rarely been applied to the study of international law and never to the study of international legal theory. This article applies them to socio-legal international theory that has grosso modo two important background paradigms with several variants: rationalist and constructivist. In both paradigms, the interest in understanding and explaining international law by uncovering causal mechanism…
The Psychology of International Law
Public international law scholarship opens evermore to social science theories and methodologies, but the implications of cognitive research and behavioural economics have not been systematically explored, even though they have been successfully applied to domestic legal issues and are increasingly used in public policy and regulation. In this symposium, we aim to fill two research gaps: first, international law and economics and international po…
Behavioral Aspects of the International Law of Global Public Goods and Common Pool Resources
Collective action problems with public good characteristics such as climate change have important implications for international law. This note argues that behavioral insights from laboratory experiments, in which individuals engage in public goods games, can contribute to our understanding of how best to optimize the design of international legal regimes dealing with global public goods and common pool resources. Behavioral economics, to the ext…
Conceptualizing the Role of Public Opinion in Compliance with International Law
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
On the Necessity of Necessity Measures
Applying economic theory to the analysis of economic “necessity” defenses in international law is highly desirable and Alan Sykes does a wonderful job in his editorial comment. As I have argued, the application of contract theory to international investment agreements (IIAs) helps us analyze their commitment and flexibility mechanisms. Sykes uses such an optimal contracting approach to address the problem of necessity in IIAs. I concur in broad t…
Effectuating Public International Law through Market Mechanisms?
Traditionally, the enforcement of public international law (PIL) was a task of states: its addressees and its enforcers were states. That has changed recently. Whereas the influence of private market actors on the making of PIL has been extensively analyzed, their influence on its enforcement has been neglected, although the idea of using private interests in order to foster social goals has a long history. This article draws on theoretical insig…
Absolute Poverty and Global Justice
Contents: The Erfurt Manifesto. Common stance of all contributors Commentary on the Erfurt manifesto. Introduction: justice for the poor a a global paradigm in progress and dispute, Elke Mack. Part 1 Poverty Data Under Scrutiny: Levels and trends in absolute poverty in the world: what we know and what we don't, Stephan Klasen Identifying absolute global poverty in 2005: the measurement question, Michael Ward How world poverty is measured and trac…
Independent electoral management bodies and international election observer missions
To Do Away with International Law? Some Limits to ‘The Limits of International Law’
Different methodological approaches to international law abound. Recently the rationalist, game-theoretical approach in the law and economics tradition has gained much prominence, certainly so in the United States. Within this tradition the volume by Professors Goldsmith and Posner purports to set a milestone by providing a comprehensive explanatory theory of international law with normative lessons in order to put international law and its schol…
Shareholder Suits as a Technique of Internalization and Control of Management
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
The Prosecution of Public Figures and the Separation of Powers. Confusion within the Executive Branch – A Conceptual Framework
Deliberative institutional economics, or DoesHomo oeconomicus argue
Institutional economics and discourse theory stand unconnected next to each other, in spite of the fact that they both ask for the legitimacy of institutions (normative) and the functioning and effectiveness of institutions (positive). Both use as theoretical constructions rational individuals and the concept of consensus for legitimacy. Whereas discourse theory emphasizes the conditions of a legitimate consensus and could thus enable institution…
Rewarding in International Law
Why states comply with international law has long been at the forefront of international law and international relations scholarship. The compliance discussion has largely focused on negative incentives. We argue that there is another, undertheorized mechanism: rewarding. We provide a typology and illustrations of how rewards can be applied. Furthermore, we explore the rationale, potential, and limitations of rewarding, drawing on rationalist and…
Independent electoral management bodies and international election observer missions
The Psychology of International Law
Public international law scholarship opens evermore to social science theories and methodologies, but the implications of cognitive research and behavioural economics have not been systematically explored, even though they have been successfully applied to domestic legal issues and are increasingly used in public policy and regulation. In this symposium, we aim to fill two research gaps: first, international law and economics and international po…
The Prosecution of Public Figures and the Separation of Powers. Confusion within the Executive Branch – A Conceptual Framework
Deliberative institutional economics, or DoesHomo oeconomicus argue
Institutional economics and discourse theory stand unconnected next to each other, in spite of the fact that they both ask for the legitimacy of institutions (normative) and the functioning and effectiveness of institutions (positive). Both use as theoretical constructions rational individuals and the concept of consensus for legitimacy. Whereas discourse theory emphasizes the conditions of a legitimate consensus and could thus enable institution…
Shareholder Suits as a Technique of Internalization and Control of Management
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
The Prosecution of Public Figures and the Separation of Powers. Confusion within the Executive Branch – A Conceptual Framework
To Do Away with International Law? Some Limits to ‘The Limits of International Law’
Different methodological approaches to international law abound. Recently the rationalist, game-theoretical approach in the law and economics tradition has gained much prominence, certainly so in the United States. Within this tradition the volume by Professors Goldsmith and Posner purports to set a milestone by providing a comprehensive explanatory theory of international law with normative lessons in order to put international law and its schol…
Effectuating Public International Law through Market Mechanisms?
Traditionally, the enforcement of public international law (PIL) was a task of states: its addressees and its enforcers were states. That has changed recently. Whereas the influence of private market actors on the making of PIL has been extensively analyzed, their influence on its enforcement has been neglected, although the idea of using private interests in order to foster social goals has a long history. This article draws on theoretical insig…
Absolute Poverty and Global Justice
Contents: The Erfurt Manifesto. Common stance of all contributors Commentary on the Erfurt manifesto. Introduction: justice for the poor a a global paradigm in progress and dispute, Elke Mack. Part 1 Poverty Data Under Scrutiny: Levels and trends in absolute poverty in the world: what we know and what we don't, Stephan Klasen Identifying absolute global poverty in 2005: the measurement question, Michael Ward How world poverty is measured and trac…
Independent electoral management bodies and international election observer missions
Conceptualizing the Role of Public Opinion in Compliance with International Law
»Vielmehr bietet [der Kommentar] auf höchstem Niveau eine substantielle Auseinandersetzung mit den Hintergründen, den Zusammenhängen, der Theorie und der Praxis des Grundgesetzes. Besseres lässt sich von einem Verfassungskommentar nicht sagen.“ Herbert Günther Staaatsanzeiger für das Land Hessen 2018 (50), 1494–1495
On the Necessity of Necessity Measures
Applying economic theory to the analysis of economic “necessity” defenses in international law is highly desirable and Alan Sykes does a wonderful job in his editorial comment. As I have argued, the application of contract theory to international investment agreements (IIAs) helps us analyze their commitment and flexibility mechanisms. Sykes uses such an optimal contracting approach to address the problem of necessity in IIAs. I concur in broad t…
Behavioral Aspects of the International Law of Global Public Goods and Common Pool Resources
Collective action problems with public good characteristics such as climate change have important implications for international law. This note argues that behavioral insights from laboratory experiments, in which individuals engage in public goods games, can contribute to our understanding of how best to optimize the design of international legal regimes dealing with global public goods and common pool resources. Behavioral economics, to the ext…
Ökonomische Analyse des Völker- und Europarechts
Das Buch bietet eine Darstellung der ökonomischen Analyse des Rechts und ihrer Anwendung auf das Völker- und Europarecht. Es behandelt die Grundlagen dieser Forschungsrichtung, die ökonomische Analyse internationaler Kooperation und supranationaler Entscheidungen sowie der Rechtsquellen des Völker- und Europarechts. Dieser Ansatz wird auf zentrale Bereiche des Völker- und Europarechts angewendet, insbesondere auf den Europäischen Binnenmarkt, das…
Introduction to the Symposium on Unilateral Targeted Sanctions
Article 4 stipulates that hazardous waste may not be exported to Antarctica, to a state not party to the Convention, or to a party having banned the import
Experimental Insights for International Legal Theory
Insights from experimental psychology and economics have rarely been applied to the study of international law and never to the study of international legal theory. This article applies them to socio-legal international theory that has grosso modo two important background paradigms with several variants: rationalist and constructivist. In both paradigms, the interest in understanding and explaining international law by uncovering causal mechanism…
The Psychology of International Law
Public international law scholarship opens evermore to social science theories and methodologies, but the implications of cognitive research and behavioural economics have not been systematically explored, even though they have been successfully applied to domestic legal issues and are increasingly used in public policy and regulation. In this symposium, we aim to fill two research gaps: first, international law and economics and international po…
The Cognitive Psychology of Rules of Interpretation in International Law
While Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) prescribe the rules of interpretation for international treaty law as “disciplining rules,” the rules of interpretation themselves are understudied from a cognitive psychology perspective. This is problematic because, as Jerome Frank observed, “judges are incurably human,” like everybody else. I submit that behavioral approaches could provide insights into how biases …
Rewarding in International Law
Why states comply with international law has long been at the forefront of international law and international relations scholarship. The compliance discussion has largely focused on negative incentives. We argue that there is another, undertheorized mechanism: rewarding. We provide a typology and illustrations of how rewards can be applied. Furthermore, we explore the rationale, potential, and limitations of rewarding, drawing on rationalist and…
Introduction
Equality is both a premise and a promise (or at least much lip service is paid to such) of today’s international law. Customary international law and instruments such as the United Nations Charter, the Universal Declaration of Human Rights and other foundational treaties of the multilateral system are premised on the equality of states, the right to self-determination and the fundamental equality of human beings. With the era of decolonization, i…
Rule of Law in Europe
The rule of law is perceived as the bedrock of peace in Europe. European countries have built their institutions on that very premise: the Council of Europe (CoE) and the European Union (EU). Yet, although the rule of law is not yet on the red list of endangered species in Europe, there is rule of law backsliding in some European States (to a varying degree) and between European States. This chapter discusses the various definitions of the rule o…
The Oxford Handbook of International Law in Europe
This handbook provides a comprehensive account of how international law is understood and practised in Europe, broadly defined for the purposes of the book as Council of Europe countries in the past and in the present. Its parts cover Europe’s values, intellectual traditions, and institutions as well as the approaches of individual European countries. A diverse group of leading scholars and practitioners of international law are led by three over…
Introduction to the Symposium on Digital Trade
An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button
Table of Legislation
Table of Cases
Copyright Page
From Cooperation to Anomie and Transaction in the Transatlantic Relationship? A View from Europe on the Trump Administration 2.0
opportunity to address the system's weaknesses and reposition the WTO for the future," 83 a sentiment that has sparked "broad agreement" among members on the urgent need for institutional renewal.Furthermore, despite its aggressive bilateral approach, the United States remains engaged on the multilateral front.For instance, recent trade agreements-such as the one with Indonesia-contain repeated references to the WTO e-commerce moratorium and the …
Political science (20 works) · Law (14 works) · Law and economics (11 works) · Economics (10 works) · Law (9 works) · Sociology (8 works) · Computer Science (7 works) · International law (7 works) · Business (5 works) · Corruption and Economic Development (5 works)