A Law and Economics Approach to Problem of International Human Right Law
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A Law and Economics Approach to Problem of International Human Right Law
A Law and Economics Approach to Problem of International Human Right LawSeungyoon, BaekMaster’s thesisUniversity of HelsinkiI acuity of lawPublic inte A Law and Economics Approach to Problem of International Human Right Law ernational lawSupervised by Dr Magdalena Kmak42095Tiedekunta’Osasto - FakulteVSektion - Faculty Faculty of LawLaitos ■ Institution - DepartmentTek|a - Fcfattare - Author Seungyoon. BaekTydn nimi - Arbetets titel - Title A Law and Economics App'oach to Problem 0? Internationa' Human Rights LawOppiain A Law and Economics Approach to Problem of International Human Right Law e - Lároàmr.e - Subject Ruble Internationa' LawTyOn lajl - Arbetets art -Level Master's ThesisAlka - Datum - Month and year April 2015Slvumaara - SidoA Law and Economics Approach to Problem of International Human Right Law
antal - Number cf pages 80 pacesTiiviste'ma - Re'erat - Abstract Afer World War n, many international human rights treaties have been ratified AlthougA Law and Economics Approach to Problem of International Human Right LawSeungyoon, BaekMaster’s thesisUniversity of HelsinkiI acuity of lawPublic inte A Law and Economics Approach to Problem of International Human Right Law s countries From the gap between expectation to international human rights law ano reality of human rights violators. the purpose of this Chess Is to point cut the problem or International human rights law and no! only to point out the problem but also to suggest a coherent and logical explanation. A Law and Economics Approach to Problem of International Human Right Law To achieve the goal, this thesis investigates three questions: what IB the better way to understand international law?, why do states comply with inteA Law and Economics Approach to Problem of International Human Right Law
rnational law?, ano what is the problem of international human rights law?. The first this paper argues and represents that law and economics approachA Law and Economics Approach to Problem of International Human Right LawSeungyoon, BaekMaster’s thesisUniversity of HelsinkiI acuity of lawPublic inte A Law and Economics Approach to Problem of International Human Right Law u-.ce'standing of law and economics approach, law and economics can give insights to study international law. using economic theories such as price theory, transaction cost economics, game theory. The second, this paper shows the reason why states comply with international law. Although there ere pr A Law and Economics Approach to Problem of International Human Right Law evious studies that explain compkance with international law. the studies have limitations to suggest a coherent and logical explain. By law and ec onA Law and Economics Approach to Problem of International Human Right Law
omics analysis, the key fo' states compliance is the three Rs of compliance: rec procity, retaliation, and reputation. Tne three RB makes ano raises cA Law and Economics Approach to Problem of International Human Right LawSeungyoon, BaekMaster’s thesisUniversity of HelsinkiI acuity of lawPublic inte A Law and Economics Approach to Problem of International Human Right Law nduce states to comply with international law. The third this paper point out problems of international human rights. This paper argues that International human rights law has direrent character or concept compared with other Internat ona laws such as WTO law ano law of war. International human righ A Law and Economics Approach to Problem of International Human Right Law ts law is not based on reciprocal character as contract model but based on moral foundation that makes consent between states as declarations cf existA Law and Economics Approach to Problem of International Human Right Law
ing moral norms Because this Olfferent character, the three Rs as the key for ccmpkance cannot work well. Only reputation little works. Moreover, therA Law and Economics Approach to Problem of International Human Right LawSeungyoon, BaekMaster’s thesisUniversity of HelsinkiI acuity of lawPublic inte A Law and Economics Approach to Problem of International Human Right Law ghts system, they have limitations to induce states to comply with international human rights law ano do not wipese costs for states' non-compllance In conclusion, from law and economics approach, international human nghts law as self-enforcing mechanism cannot satisfy the conditions for compliance A Law and Economics Approach to Problem of International Human Right Law of international law: reciprocity, retaliation, and reputation. Moreover, there are not strong and effective en'crcement mechanisms to assure complianA Law and Economics Approach to Problem of International Human Right Law
ce in international human rights treaties Therefo’e. current Internet onsi human rights law cannot fully induce and facilitate states to comply with IA Law and Economics Approach to Problem of International Human Right LawSeungyoon, BaekMaster’s thesisUniversity of HelsinkiI acuity of lawPublic inte A Law and Economics Approach to Problem of International Human Right Law e - Where deposited Faculty of Law at the University of HelsinkiMuita t eteja - Ovriga uppgifter - Additional informaton2TABLE OF CONTENTSList of Abbreviation5Table of Cases6Table of Treaties6Table of Other Documents7I.Introduction8II.Law and Economics Approach to International Law111. What Is I .aw A Law and Economics Approach to Problem of International Human Right Law and I Economics121.1Price theory131.2 Transaction Cost Economics141.3 Game Theory151.4Public Choice Theory162Why law and economics approach to internA Law and Economics Approach to Problem of International Human Right Law
ational law?162.1Why have international lawyers avoided law and economics?172.1.1Concern of Methodology172.1.2Concern of Political Bias172.1.3Concern A Law and Economics Approach to Problem of International Human Right LawSeungyoon, BaekMaster’s thesisUniversity of HelsinkiI acuity of lawPublic inteA Law and Economics Approach to Problem of International Human Right LawSeungyoon, BaekMaster’s thesisUniversity of HelsinkiI acuity of lawPublic inteGọi ngay
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