International Rule of Law and Methodological Innovation

Abstract

The practice of the international rule of law needs a theoretical guide, and the formulation of the theory of international law has to depend upon practice, which imposes new requirement upon the methodology of international law. Traditional research into legal doctrine is unfavorable to the creative exertion of international jurisprudence, and the research methods of social sciences are playing an increasingly important role in the methodological innovation of international law. From the perspective of promotion of the international rule of law, the study of international law needs to deep research a State’s motives, cause and innate logic in observing international aw, and law and economics can show its capability in this field. For the international rule of law, basic research needs to be carried about such social surroundings as where the rules are produced and applied and exerting influences. The research method of the sociology of law exactly hits the point. The application of empirical and experimental research methods offers a beforehand “rehearsal” chance for the process of the rule of law to grasp the pros and cons in the planning and practice of the rule of law. The cooperation between the research methods of social science and the traditional research method of international law can reasonably interpret the phenomena of international relations and promote the international rule of law.