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ABOUT THE AUTHOR

Anne van Aaken

Anne van Aaken is Alexander von Humboldt Professor for Law and Economics, Legal Theory, Public International and European Law at the University of Hamburg.
POSTS BY Anne van Aaken
06 December 2021

Behavioral Approaches to International Corruption Fighting

Corruption is a huge challenge and needs all available means to fight it – the call of the United Nations for using behavioral sciences to understand and fight corruption needs to be heeded urgently. Continue reading >>
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07 October 2021
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International Pandemic Lawmaking: Some Perspectives from Behavioural Economics

In this brief essay, we wish to highlight some insights from behavioural economics that can contribute to a successful process of international pandemic lawmaking. Our interest here is not to engage with individual or collective psychological reactions to pandemics or other large-scale risks, or with substantive policy made in their wake. Several such behavioural issues and dimensions have been dealt with elsewhere, not without (ongoing) spirited debate. Here, however, while building on related frameworks of analysis from the field of behavioral economics, as applied to international law (including nudge theory), our focus is on the process and design of pandemic international law-making. Continue reading >>
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14 January 2015
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Panel 6: Educating Citizens – the Choice for Paternalism

Photos and a video of the discussion. Continue reading >>
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07 January 2015

Constitutional Limits to Paternalistic Nudging in Germany

Nudges with paternalistic aims pose special legal problems in liberal States. Surprisingly, the discussion on regulation-by-nudging has not focused on the constitutional limits to nudging. Although the property rights of firms potentially infringed by nudging measures are dealt with in the literature and by (international) courts (e.g. the tobacco cases), the potential infringement of the rights of those being nudged is neglected. But judges may at one point be confronted with a nudge regulation challenged by the individuals being nudged; and even before reaching a court, the legality of nudging should be scrutinised by legislators. I explore the legal limits of paternalistic nudging under the German Constitution, especially the right to freedom of action and self-determination under Art. 2 (1) German Basic Law. Continue reading >>
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Verfassungsblog is a journalistic and academic forum of debate on topical events and developments in constitutional law and politics in Germany, the emerging common European constitutional space and beyond.

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