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The welfarist approach to international law: an appraisal

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posted on 14.07.2016, 12:56 by Rossana Deplano
This chapter explores the ‘welfarist’ approach to international law as developed by Eric Posner. Grounded in an economic and empirical perspective, this approach addresses the efficiency of the international legal system. As a system grounded on state will, it establishes that international law is not binding and possesses a functional scope that is limited to state cooperation. Drawing on this assumption, the chapter contends that international welfare treaties have the advantage of prevailing over human rights treaties, thus allowing the effective development of low-welfare countries with the support of higher-welfare countries.

History

Citation

Deplano, R, The welfarist approach to international law: an appraisal, ed. Singh, P;Mayer, B, 'Critical International Law: Postrealism, Postcolonialism, and Transnationalism', 2014, pp. 74-97, OUP.

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law

Version

AM (Accepted Manuscript)

Published in

Deplano

Publisher

Oxford University Press (OUP)

isbn

9780199450633

Acceptance date

01/01/2014

Copyright date

2014

Available date

01/11/2016

Publisher version

http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780199450633.001.0001/acprof-9780199450633-chapter-3

Editors

Singh, P;Mayer, B

Language

en