The Psychology of Effective IEAs: Beyond Rational Choice Theory
Abstract
International environmental law suffers from poor compliance and participation, hindering its ability to address global climate issues effectively. Efforts to improve this have been borne out of a rational choice framework, in which it is assumed that states are rational actors that seek to maximize their utility. This theory has dominated international legal scholarship for decades, but it cannot adequately capture the reality of state decision-making. This work argues that rational choice theory must incorporate psychological factors in its analysis of state behaviours to strategically form effective international environmental agreements – specifically by using rewarding mechanisms as positive incentives. Using the Montreal Protocol as an example of effective rewarding mechanisms, this paper provides an alternative strategy for increasing participation and compliance with international environmental agreements.