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Title: The welfarist approach to international law: an appraisal
Authors: Deplano, Rossana
First Published: 1-Nov-2014
Publisher: Oxford University Press (OUP)
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.
Abstract: 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.
DOI Link: 10.1093/acprof:oso/9780199450633.003.0003
ISBN: 9780199450633
Version: Post-print
Status: Peer-reviewed
Type: Chapter
Rights: Copyright © 2014, OUP. Deposited with reference to the publisher’s open access archiving policy.
Appears in Collections:Books & Book Chapters, School of Law

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