This comment on Alan Sykes Article "Economic 'Necessity' in International Law" on AJIL UNBOUND discusses the application of necessity clauses from an economic perspective especially in light of the incentives of investors, who are the third party beneficiaries of the investment treaty/contract....

Looming disasters mostly require collective action but international law is traditionally consent based. For a state to be bound by international law, it needs to have ratified a treaty (e.g. concerning climate change) or must be bound by customary international law. This horizontal form of...

Problems which can only be resolved through international cooperation are increasing. Due to this increase, states cooperate more than ever with each other and with international organizations (IOs) but often insufficiently to solve the problems. When social scientists analyze the potential for...

Whereas the rational choice approach to international law has been widely accepted in legal scholarship and international relations theory, challenges to the rational choice paradigm in economic analysis of international law have hitherto not been systematically explored. Nevertheless,...