Through empirical and theoretical studies conducted by political scientists, philosophers, psychologists, and economists, this Article demonstrates how three phenomena - sticky defaults, status quo bias, and the sovereign prerogative-work in parallel to create enduring, but demonstrably incorrect, perceptions about the legitimacy of international arbitration. Interdisciplinary research also provides a potential solution in the form of a heuristic known as the Reversal Test, which acts as an objective diagnostic tool to identify the influence of unconscious cognitive distortions such as the status quo bias. Through this analysis, this Article not only addresses one of the core paradoxes in international dispute resolution, but also provides intriguing insights into policy debates in other fields.
S. I. Strong,
TRUTH IN A POST-TRUTH SOCIETY: HOW STICKY DEFAULTS, STATUS QUO BIAS, AND THE SOVEREIGN PREROGATIVE INFLUENCE THE PERCEIVED LEGITIMACY OF INTERNATIONAL ARBITRATION, 2018 University of Illinois Law Review 533
Available at: https://scholarship.law.missouri.edu/facpubs/701