Urska Sadl, Henrik Palmer Olsen, Empirical Studies of the Webs of International Case Law: A New Research Agenda (June 1, 2014). iCourts Working Paper Series No. 8; University of Copenhagen Faculty of Law Research Paper No. 2015-7. Available at SSRN
Abstract:
In spite of burgeoning literature on international courts, produced by legal scholars and political scientists, the central question remains unanswered: by what means do international courts shape international law through case law? The problem is, overwhelmingly, methodological. In this contribution, we examine the causes for the cautious stance of legal scholars towards tools and methods of social network analysis for studying case law. We map and critically examine the emerging field of case citation networks through the lens of legal scholarship. We show how these tools can successfully be integrated into legal studies of international case law, acceptable to legal scholars, as well as technically feasible.
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