International Legal Theory and the Cognitive Turn

Anne van Aaken is the Chair for Law and Economics, Legal Theory, Public International Law, and European Law at the University of Hamburg, and Co-Director of the Institute of Law and Economics. Previously, she was the Alexander von Humboldt Professor at the University of Hamburg, a Professor at St. Gallen University, and a Senior Researcher at two Max Planck Institutes. Anne also served as Vice-President of the European Society of International Law (ESIL) and chaired the Research Council at the European University Institute (EUI). She has consulted for several organisations including the International Bank for Reconstruction and Development (IBRD) and the United Nations. And she has served as General Editor of the Journal of International Dispute Settlement and on the editorial boards of several prestigious journals, including the American Journal of International Law. Her research focuses on legal theory, international law, and behavioural approaches to law.Moshe Hirsch is the Emilio Von Hofmannsthal Professor of Law at the Hebrew University of Jerusalem and Co-Director of the International Law Forum at the Hebrew University Law Faculty. A significant part of his publications involves theoretical and interdisciplinary research that draws, inter alia, on sociological theories, cognitive studies, political economy, game theory, and international relations theory. His recent publications include Invitation to the Sociology of International Law (OUP, 2015), Research Handbook on the Sociology of International Law (Edward Elgar, 2018, co-edited with Andrew Lang), and International Law's Invisible Frames: Social Cognition and Knowledge Production in International Legal Processes (OUP, 2021, co-edited with Andrea Bianchi).

This intriguing collection of essays explores possible places where behavioural studies could assist in the understanding of international law. The work covers a wide sweep, from the effects of framing and 'nudge' theory in the high politics of international relations, to acknowledging cultural differences in dealing with transitional justice after conflict, down to the macro level of how System 1 - automatic - and System 2 - analytical - thinking affect the decision made by a particular official in an individual asylum claim. The essays cover significant ground. I found the section on the shift from economic to behavioural understanding of international law particularly fascinating.

• Anne van Aaken and Moshe Hirsch: Introduction: International Legal Theory and the Cognitive Turn 1: Daniel Peat: Positivism and the Cognitive Turn 2: Harlan Cohen and Daniel Bodansky: Close Relations: International Legal Realism and Cognitive-Behavioral Studies 3: Ian Johnstone and Arun Sukumar: Constructivism, Interpretation, and Cognitive Studies 4: Shiri Krebs: Critical Approaches to International Law and Cognitive-Behavioural Science: Tensions and Contributions 5: Veronika Fikfak: A Cognitive-Behavioural Approach to Feminist Studies 6: Rob Howse: Liberal Normative Theories of International Law and the Cognitive Turn 7: Regina Jefferies: Transnational Legal Process, Cognition, and Context 8: Anne van Aaken and Tomer Broude: From Economic to Behavioural Analysis of International Law: What Have We Learned So Far? 9: Moshe Hirsch: Sociological Analysis of International Law and the Cognitive Turn 10: Mikael Rask Madsen and Salvatore Caserta: International Judicial Habitus: Pierre Bourdieu and the Cognitive Turn 11: Sofia Stolk: Critical Legal Geography, Spatial Cognition, and International Law 12: Kanad Bagchi: Marxism and the Cognitive Turn in International Law: Exploring an Uneasy Relationship 13: Ruti G Teitel and Shreya Shankar: Transitional Justice and Cognitive-Behavioural Studies