Complying with International Law

Question 1

Why might a state comply with a treaty without ratifying it (false negative)?

Answer 1

• There may be institutional obstacles to ratification; non-agreement within the state.
• A fear of interpretative uncertainty, a court may decide to expand on the treaty when the original document did not include a certain term; courts including sexual preference as a protected group.
• Reversibility costs; signing the treaty may be easy, but if the state would like to withdraw later the process is incredibly difficult.

Question 2

Why might states not comply with a treaty even though they have ratified it?

Answer 2

• Treaties provide short-term rewards; such as diplomacy, audience, and attention. But in the long-run states will act as they wish.
• Violations of the treaty may be easy to hide so there are few consequences.
• Otherwise, the consequences of these violations my also be relatively cheap for the state to repay so they do not mind violating the treaty.

Question 3

Why do states comply with International Law?

Answer 3

Internal drivers
- Normative motivations
- Institutional mechanisms (Domestic enforcement)
- Habit

External drivers -> Interest-based motivations
- Soft power (Gives states legitimacy or status)
- Reputation in the international system
- Reciprocity or Retaliation -> (Enforcement applying measures of coercion)

Question 4

International Law Enforcement

Answer 4

No centralized enforcement authority

Self-help (unilateral measures)
- Retorsion
–> Cannot be excessive (revenge), has to be only enough to get them to comply
–> Does not need to be justified, not generally against IL

• Countermeasures
  –> Coercive measures to get a state to cease acting wrongfully and make reparations
  –> Can constitute a wrongful act in itself if it its
  1. unnecessary or of a punitive nature
  2. Disproportionate
  3. In breach of certain international obligations
• Reprisals (only in the case of human rights violations)
  –> Use of military force for humanitarian reasons

Coordinated enforcement
- Collective response to a breach of IL
–> Only allowed by UN Security Council Resolutions or by other signed treaties between countries