Normative Aspects of Nudging in the International Sphere. (20th July 2021)

• Record Type: Journal Article
• Authors: Teichman, Doron; Zamir, Eyal
• Is Part Of: AJIL unbound. Volume 115(2021)
• Page Start: 263
• Page End: 267
• Publication Date: 2021-07-20
• Subjects: International law -- Periodicals; 341.05
• DOI: 10.1017/aju.2021.35
• Languages: English
• ISSNs: 2398-7723

Abstract

Abstract : The use of nudges—"low-cost, choice-preserving, behaviorally informed approaches to regulatory problems"—has become quite popular at the national level in the past decade or so. Examples include changing the default concerning employees' saving for retirement in a bid to encourage such saving; altering the default about consent to posthumous organ donation to increase the supply of organs for transplantation; and informing people about other people's energy consumption to spur them to reduce theirs. Nudges are therefore used to promote the welfare of the people being nudged, and of society at large. However, the use of nudges has sparked a lively normative debate. When turning to the international arena, new arguments for and against nudges can be raised. This essay focuses on the normative aspects of using nudges in the international arena.