Systems Analysis of International Law: An Inquiry into its Application

Brus, M. (1989). Systems Analysis of International Law: An Inquiry into its Application. IIASA Working Paper. IIASA, Laxenburg, Austria: WP-89-105

Preview

Text WP-89-105.pdf Download (2MB) | Preview

Abstract

This report investigates the usefulness of systems analysis as a methodological tool for the analysis of the world legal system. Due to increasingly complex relations between states, traditional methods for legal analysis are no longer sufficient to provide adequate explanations of the changing features of international legal regulation. Systems analysis offers the opportunity to combine methods used in legal and social sciences and, moreover, to focus on the dynamics of international law development. The development of a regime for the prevention of long range transboundary air pollution in Europe serves as a case study.

In the report three levels of analyses are distinguished: (a) a theoretical level concerned with the general legal and political theories explaining the international behavior of states; (b) a policy making level dealing with international (legal) cooperation in practice, i.e. the process of acceptance of specific international rules; and (c) an instrumental level which deals with specific techniques and technologies used to facilitate the policy and law making process and, for example, to supervise the behavior of states and to enforce international agreements. Examples are (satellite) monitoring techniques and the use of integrated computer models like the RAINS model developed at IIASA.

The first two levels of analyses receive most attention in this report. The main conclusion is that systems analysis forms a promising methodology to be used in legal science. However, more extensive research remains necessary.

Actions (login required)

View Item