The Chapter deals with the economic analysis of customary international law. It aims to give an overview of the different approaches discussed in the literature and to highlight the virtues and the limits of social science analysis of customary international law. First, it discusses the formation of customary law and examines under which conditions customary norms evolve. The formation of customary international law is analysed from two perspectives. On the one hand, the Chapter takes a look at rational choice approaches explaining the formation of patterns of State conduct. On the other hand, it gives a brief introduction into the political economy of international judges, i.e. their strategies when identifying customary norms. Second, it addresses research on the effectiveness of customary international law, where it compares rational choice explanations with constructivist approaches.
Emanuel Towfigh and Niels Petersen
Niels Petersen and Emanuel V. Towfigh
Kai Purnhagen and Niels Petersen
If legal scholarship is lagging behind other disciplines in using more objective evaluation standards for assessing the quality of legal research, Germany is definitely not at the forefront of closing the gap. Skepticism towards seemingly more objective assessment methods is more widely shared than in other European countries. There is no state-sponsored performance evaluation exercise of law schools on the federal level; peer-review of manuscripts for the acceptance in journals or monograph series is rare; and the use of journal rankings, citation analysis or other bibliometric tools is almost non-existent. Doctoral and postdoctoral (habilitation) theses are usually evaluated inside the faculty without external review. The quality standards that do exist mostly refer to the substantive evaluation of individual pieces of scholarship. However, they are rather vague and subject to diverging interpretations.