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February 6, 2026Proceedings of the ASIL Annual Meeting0 citationsOpen Access

The Use of Behavioral Science in International Law and Policymaking

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AAAnne van Aaken

Key Points

  • This research examines the role of behavioral science in shaping international law and policy frameworks.
  • Review of United Nations and World Bank reports on behavioral science.
  • Analysis of the application of nudges in international policymaking.
  • Discussion of ethical and legal limitations associated with behavioral interventions.
  • Behavioral insights have been increasingly integrated into policies by international organizations.
  • The use of nudges raises important ethical and legal concerns that need to be addressed.
  • Behavioral science offers realistic assumptions that could enhance the effectiveness of international regulations.

Abstract

The United Nations (UN) as well as specialized UN agencies are turning to behavioral science. The UN clearly states that behavioral sciences should be included in its work to achieve its goals. 1 In that, it follows the World Bank, which devoted its World Development Report 2015, “Mind, Society, and Behavior,” to behavioral insights in order to promote development. 2 Let me stress from the outset that I deem this development necessary. It is highly promising that more realistic behavioral assumptions 3 and insights underpin policies of international organizations (IOs), their member states, and international law. 4 Still, when behavioral insights, especially nudges, are used, careful consideration of relevant scientific and normative limitations are needed to uphold legitimacy and accountability of those regulatory tools. Nudges and other behavioral interventions have been used nationally around the world 5 and a lively discussion on their ethical and legal limitations has ensued on the national level. 6

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Cite This Study

Anne van Aaken (2025) studied this question.

synapsesocial.com/papers/698585ea8f7c464f23009aa6https://doi.org/10.1017/amp.2025.10068
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