ECONOMIC ANALYSIS OF INTERNATIONAL LAW: ISSUES OF METHODOLOGY
INTRODUCTION. The article is devoted to the methodology of economic analysis of international law which is a new approach to the study of international law. Its methodology has not been substantively explored in Russian scholarship of international law. Meanwhile, the economic dimension of internati...
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| Format: | Article |
| Language: | English |
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Moscow State Institute of International Relations (MGIMO)
2019-08-01
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| Series: | Московский журнал международного права |
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| Online Access: | https://www.mjil.ru/jour/article/view/309 |
| _version_ | 1797291456380010496 |
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| author | R. B. Sadykova |
| author_facet | R. B. Sadykova |
| author_sort | R. B. Sadykova |
| collection | DOAJ |
| description | INTRODUCTION. The article is devoted to the methodology of economic analysis of international law which is a new approach to the study of international law. Its methodology has not been substantively explored in Russian scholarship of international law. Meanwhile, the economic dimension of international law has practical and theoretical perspectives according to the predominant opinion in foreign doctrines of international law.MATERIALS AND METHODS. The article is based on legal and economic doctrines of both Russian and foreign scholars. The methods used in the course of this study include general methods (analysis, synthesis, induction, deduction) and specific methods (the methods of formal logic, legal history). Methods of economic theory such as the method of positive analysis and the method of scientific abstraction are also used.RESEARCH RESULTS. The article explores the differences between legal and economic approaches. The basic categories and theories of economic analysis, such as rationality, externalities, transaction costs are revealed. The methodology is presented through the discussion of the main assumptions: the analogy between interstate system and economic market; rationality assumption with regard to the subject of international law, which can be considered as a unitary, collective or corporate actor.DISCUSSION AND CONCLUSIONS. Economic analysis of international law is intended to complement traditional methods of conducting legal research. The article highlights the basic economic theories and categories of economic analysis of international law, which allow Russian scientists to start studying one of the most popular theoretical approaches in foreign scholarship. |
| first_indexed | 2024-03-07T19:37:06Z |
| format | Article |
| id | doaj.art-e0b476a0837f4d3ba71bd92898e3b7c2 |
| institution | Directory Open Access Journal |
| issn | 0869-0049 2619-0893 |
| language | English |
| last_indexed | 2024-03-07T19:37:06Z |
| publishDate | 2019-08-01 |
| publisher | Moscow State Institute of International Relations (MGIMO) |
| record_format | Article |
| series | Московский журнал международного права |
| spelling | doaj.art-e0b476a0837f4d3ba71bd92898e3b7c22024-02-29T08:19:20ZengMoscow State Institute of International Relations (MGIMO)Московский журнал международного права0869-00492619-08932019-08-0102708210.24833/0869-0049-2019-2-70-82284ECONOMIC ANALYSIS OF INTERNATIONAL LAW: ISSUES OF METHODOLOGYR. B. Sadykova0Moscow State Institute of International Relations (University) MFA RussiaINTRODUCTION. The article is devoted to the methodology of economic analysis of international law which is a new approach to the study of international law. Its methodology has not been substantively explored in Russian scholarship of international law. Meanwhile, the economic dimension of international law has practical and theoretical perspectives according to the predominant opinion in foreign doctrines of international law.MATERIALS AND METHODS. The article is based on legal and economic doctrines of both Russian and foreign scholars. The methods used in the course of this study include general methods (analysis, synthesis, induction, deduction) and specific methods (the methods of formal logic, legal history). Methods of economic theory such as the method of positive analysis and the method of scientific abstraction are also used.RESEARCH RESULTS. The article explores the differences between legal and economic approaches. The basic categories and theories of economic analysis, such as rationality, externalities, transaction costs are revealed. The methodology is presented through the discussion of the main assumptions: the analogy between interstate system and economic market; rationality assumption with regard to the subject of international law, which can be considered as a unitary, collective or corporate actor.DISCUSSION AND CONCLUSIONS. Economic analysis of international law is intended to complement traditional methods of conducting legal research. The article highlights the basic economic theories and categories of economic analysis of international law, which allow Russian scientists to start studying one of the most popular theoretical approaches in foreign scholarship.https://www.mjil.ru/jour/article/view/309economic analysis of lawlaw and economicseconomic analysis of international lawinternational law and economicsbehavioral analysis of international lawrational choice theorybehavioral economicsmethod of international lawtheory of international law |
| spellingShingle | R. B. Sadykova ECONOMIC ANALYSIS OF INTERNATIONAL LAW: ISSUES OF METHODOLOGY Московский журнал международного права economic analysis of law law and economics economic analysis of international law international law and economics behavioral analysis of international law rational choice theory behavioral economics method of international law theory of international law |
| title | ECONOMIC ANALYSIS OF INTERNATIONAL LAW: ISSUES OF METHODOLOGY |
| title_full | ECONOMIC ANALYSIS OF INTERNATIONAL LAW: ISSUES OF METHODOLOGY |
| title_fullStr | ECONOMIC ANALYSIS OF INTERNATIONAL LAW: ISSUES OF METHODOLOGY |
| title_full_unstemmed | ECONOMIC ANALYSIS OF INTERNATIONAL LAW: ISSUES OF METHODOLOGY |
| title_short | ECONOMIC ANALYSIS OF INTERNATIONAL LAW: ISSUES OF METHODOLOGY |
| title_sort | economic analysis of international law issues of methodology |
| topic | economic analysis of law law and economics economic analysis of international law international law and economics behavioral analysis of international law rational choice theory behavioral economics method of international law theory of international law |
| url | https://www.mjil.ru/jour/article/view/309 |
| work_keys_str_mv | AT rbsadykova economicanalysisofinternationallawissuesofmethodology |