Hardback
Research Methods in International Law
A Handbook
9781788972352 Edward Elgar Publishing
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
More Information
Critical Acclaim
Contributors
Contents
More Information
This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Split into five parts, the chapters cover key topics across doctrinal, empirical, socio-legal, interdisciplinary research methods and methodology. The contributors also apply their knowledge and insight to explore the relationship between different research methods and their role in international legal theory, reasoning and practice. Covering a range of diverse subjects yet written in a methodical style, the contributors furthermore engage with rethinking international law methods.
This comprehensive Handbook will be invaluable for researchers in international law, as well as being an excellent resource for graduate and doctoral students.
Split into five parts, the chapters cover key topics across doctrinal, empirical, socio-legal, interdisciplinary research methods and methodology. The contributors also apply their knowledge and insight to explore the relationship between different research methods and their role in international legal theory, reasoning and practice. Covering a range of diverse subjects yet written in a methodical style, the contributors furthermore engage with rethinking international law methods.
This comprehensive Handbook will be invaluable for researchers in international law, as well as being an excellent resource for graduate and doctoral students.
Critical Acclaim
‘Overall, Research Methods in International Law provides readers with a bold collection of scholarship that studies the lenses through which we comprehend international law. The readings demonstrate how modern methodologies in the field of international law have evolved to take an interdisciplinary approach, changing the theory and altering the way the law is accessed by both practitioners and scholars.’
– American Association of Law Libraries
‘Academic international lawyers may have come to consider and discuss methodological concerns relatively late, but today’s international law has grown into a mature academic discipline, taken seriously both by outside audiences and itself. This Handbook contains a rich overview of contending approaches and techniques, often proxies for grand theories and perspectives. It offers food for thought, inspiration, wisdom, and things one can cheerfully disagree with – the editors are to be congratulated for having produced such a well-rounded volume.’
– Jan Klabbers, University of Helsinki, Finland
– American Association of Law Libraries
‘Academic international lawyers may have come to consider and discuss methodological concerns relatively late, but today’s international law has grown into a mature academic discipline, taken seriously both by outside audiences and itself. This Handbook contains a rich overview of contending approaches and techniques, often proxies for grand theories and perspectives. It offers food for thought, inspiration, wisdom, and things one can cheerfully disagree with – the editors are to be congratulated for having produced such a well-rounded volume.’
– Jan Klabbers, University of Helsinki, Finland
Contributors
Contributors: W. Alschner, O. Amao, J.A. Beckett, J. Bendel, A. Berkes, B. Bowring, A. Carty, P. Castillo-Ortiz, R. Collins, J. d’Aspremont, N. Davidson, R. Deplano, J. Giltaij, G. Heathcote, I. Iakovidis, J. Kammerhofer, O. Korhonen, S. Krebs, J. Linarelli, F.N. Lone, M. Meguro, M.C. Nwankwo, S. Pahuja, S. Riley, I. Stradner, N. Tsagourias, V.P. Tzevelekos, A. van Aaken, W. Werner, X. Zhao, P. Zichi, A. Ziegler
Contents
Contents:
1 Introduction 1
Rossana Deplano and Nicholas Tsagourias
PART I RETHINKING METHODS
2 How to defend international legal method? 9
Richard Collins
3 Transatlantic divisions in methods of inquiry about law: What
it means for international law 28
John Linarelli
4 International legal methods: Working for a tragic and cynical routine 43
Jean d’Aspremont
5 Methodology: Writing about how we do research 61
Sundhya Pahuja
6 Is international legal research international? 79
Rossana Deplano
PART II DOCTRINAL
7 International legal positivist research methods 96
Jörg Kammerhofer
8 Microwaving dreams? Why there is no point in reheating the
Hart-Dworkin debate for international law 112
Jason Beckett
9 Revisiting the New Haven methodology from an international
law and policy perspective 132
Fozia Nazir Lone
10 Applying a natural law-method to international law 148
Jacob Giltaij
11 Marxist international law methodology? 162
Bill Bowring
12 International law and nervous states in the age of anger, the
collapse of legal formalism and a return to natural law 181
Anthony Carty
PART III EMPIRICAL AND SOCIO-LEGAL
13 The computational analysis of international law 204
Wolfgang Alschner
14 Process-tracing the meaning of international human rights law 229
Natalie R. Davidson
15 Experimental methodology in international law and the
efficacy of international fact-finding: Evidence from the U.S.
and Israel 245
Shiri Krebs
16 Tracing influence in international law: Beyond the antagonism
between doctrine of law and social science 266
Maiko Meguro
PART IV COMPARATIVE
17 Comparative international constitutional law and its methodology 284
Nicholas Tsagourias
18 Exploring African Union law through the lenses of
comparative law: A comparative analysis with European Union law 303
Olufemi Amao and Matthew Chidebe Nwankwo
19 Qualitative comparative analysis (QCA) as an empirical
method for international law 327
Pablo Castillo-Ortiz
PART V INTERDISCIPLINARY RESEARCH
20 From interdisciplinary to x-disciplinary methodology of
international law 346
Outi Korhonen
21 Economic analysis of international law 367
Anne van Aaken and Ivana Stradner
22 The philosophy of international law 386
Stephen Riley
23 Third World Approaches to International Law: Between
theory and method 403
Justine Bendel
24 Global constitutionalism as a method in international economic law 417
Andreas. R. Ziegler and Xinyan Zhao
25 Sociological objectivism: Still relevant? 437
Vassilis P Tzevelekos and Antal Berkes
26 Feminist methodologies 459
Gina Heathcote and Paola Zichi
27 What are you looking at? Documentary film and international law 475
Wouter Werner
28 International law and diplomacy 488
Iakovos Iakovidis
Index
1 Introduction 1
Rossana Deplano and Nicholas Tsagourias
PART I RETHINKING METHODS
2 How to defend international legal method? 9
Richard Collins
3 Transatlantic divisions in methods of inquiry about law: What
it means for international law 28
John Linarelli
4 International legal methods: Working for a tragic and cynical routine 43
Jean d’Aspremont
5 Methodology: Writing about how we do research 61
Sundhya Pahuja
6 Is international legal research international? 79
Rossana Deplano
PART II DOCTRINAL
7 International legal positivist research methods 96
Jörg Kammerhofer
8 Microwaving dreams? Why there is no point in reheating the
Hart-Dworkin debate for international law 112
Jason Beckett
9 Revisiting the New Haven methodology from an international
law and policy perspective 132
Fozia Nazir Lone
10 Applying a natural law-method to international law 148
Jacob Giltaij
11 Marxist international law methodology? 162
Bill Bowring
12 International law and nervous states in the age of anger, the
collapse of legal formalism and a return to natural law 181
Anthony Carty
PART III EMPIRICAL AND SOCIO-LEGAL
13 The computational analysis of international law 204
Wolfgang Alschner
14 Process-tracing the meaning of international human rights law 229
Natalie R. Davidson
15 Experimental methodology in international law and the
efficacy of international fact-finding: Evidence from the U.S.
and Israel 245
Shiri Krebs
16 Tracing influence in international law: Beyond the antagonism
between doctrine of law and social science 266
Maiko Meguro
PART IV COMPARATIVE
17 Comparative international constitutional law and its methodology 284
Nicholas Tsagourias
18 Exploring African Union law through the lenses of
comparative law: A comparative analysis with European Union law 303
Olufemi Amao and Matthew Chidebe Nwankwo
19 Qualitative comparative analysis (QCA) as an empirical
method for international law 327
Pablo Castillo-Ortiz
PART V INTERDISCIPLINARY RESEARCH
20 From interdisciplinary to x-disciplinary methodology of
international law 346
Outi Korhonen
21 Economic analysis of international law 367
Anne van Aaken and Ivana Stradner
22 The philosophy of international law 386
Stephen Riley
23 Third World Approaches to International Law: Between
theory and method 403
Justine Bendel
24 Global constitutionalism as a method in international economic law 417
Andreas. R. Ziegler and Xinyan Zhao
25 Sociological objectivism: Still relevant? 437
Vassilis P Tzevelekos and Antal Berkes
26 Feminist methodologies 459
Gina Heathcote and Paola Zichi
27 What are you looking at? Documentary film and international law 475
Wouter Werner
28 International law and diplomacy 488
Iakovos Iakovidis
Index
