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THE EMPIRICAL TURN IN INTERNATIONAL LEGAL SCHOLARSHIP

Gregory Shaffer and Tom Ginsburg
The American Journal of International Law
Vol. 106, No. 1 (January 2012), pp. 1-46
DOI: 10.5305/amerjintelaw.106.1.0001
Stable URL: http://www.jstor.org/stable/10.5305/amerjintelaw.106.1.0001
Page Count: 46
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THE EMPIRICAL TURN IN INTERNATIONAL LEGAL SCHOLARSHIP
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Abstract

This article presents and assesses a new wave of empirical research on international law. Recent scholarship has moved away from theoretical debates over whether international law “matters,” and focuses instead on exploring the conditions under which international law is created and produces effects. As this empirical research program has matured, it has allowed for new, midlevel theorizing that we call “conditional international law theory.”

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