Section 8 - Compliance and enforcement of IL

Question 1

Why do some states comply with a treaty but haven’t ratified it?

Answer 1

institutional obstacles
interpretive uncertainty
reversibility costs bc of precedents

Question 2

Bc of what external drivers do states comply w IL?

Answer 2

External drivers are interest-based motivations

1 - International adjudication:
a. Soft power
b. Reputation. you makes you look good

2 - Enforcement (applying measures of coercion) – retaliate against violation of IL
a. Reciprocity – happens within an agreement itself
b. Retaliation – violation creates external problems. it puts a cost on violations

Question 3

What internal drivers lead states to comply w IL?

Answer 3

1. Institutional mechanisms/barriers (domestic litigation/enforcement)
2. Normative motivations (constructivist idea) - Social norms contained in agreements is internalised by actors in states, meaning that they will comply non-rationally, considering it the ‘right thing to do’ (not necessarily main force).

3 - Habit
Forms of compliance that have become institutionalised and habituated – happening unconsciously, and it happens to be in compliance

Question 4

What are two enforcement applyung measures using coercion?

Answer 4

reciprocity and retaliation

Question 5

What is the enforcement problem in IL?

Answer 5

No centralised enforcement authority – international anarchy

Question 6

What is retorsion?

Answer 6

Retorsion – measures taken that are perfectly compatible with IL, able to be taken even without violations; no justification needed – imposes costs on violations

Question 7

what is another word for self-help in IL?

Answer 7

unilateral measures

Question 8

When are unilateral measures not in breach of IL?

Answer 8

Cannot be unnecessary and/or of a punitive nature
Cannot be disproportionate
Cannot breach certain international obligations (prohibition of the use of force, human rights, jus cogens)

Question 9

Please describe domestic-international entanglements when it comes to compliance through adjudication in IL

Answer 9

• The threat of future litigation – domestic citizens may take the country to court for violating international treaties
• The persuasive authority of judicial reasoning. Compliance can have effect on domestic courts and international organisations
• The agenda-setting effect – international rulings can help justify governments bringing about reform, and can show opportunities to erase the political costs of progressive reform

Question 10

describe the effectiveness problem in self help

Answer 10

It all comes down to power assymetries.

• The weak state is going to be detered by violating the agreement
• In other case the weak state effectiveness very limited

Question 11

How does treaties change domestic affairs or affect stakeholders?

Answer 11

1. Through litigation in domestic courts, where citizens can sue gvt for not implementing IL
2. Political mobilisation.
   Treaties raise expecations about human rights practices, and perceived right gaps mobilise stakeholders.

Question 12

Please explain socialisation and compliance through the cost-benefit analysis

Answer 12

Rational cost-benefit calculations to norm-driven behaviour: optimisation to socialisation

Why do states comply with international law?
- Because they have internalised international legal norms, so that the perceived benefits of complying with IL often outweigh the costs
- Because, having internalised international legal norms, the perceived benefits of sanctioning norm violators often outweigh the costs.

Question 13

What are the five dimensions of power?

Answer 13

Scope
Domain
Weight
Costs
Means (econ, symbolic, military, diplomatic)

Question 14

What is Waltz’ analysis about neorealism adn power

Answer 14

One of the defining characteristics of the structure of the international system is the distribution of capabilities.

Ranking the capabilities of states is much harder if power (or capability) is conceived as multidimensional. Thus, he asserts that “the economic, military, and other capabilities of nations cannot be sectored and separately weighed”

Sees power as a resource

Question 15

Explain realist theory and law compliance

Answer 15

The extent to which a state’s behavior in fact conforms to international norms concerning a certain issue depends on factors such as a state’s power, political, economic, and military, vis-à-vis its neighbors, not mainly on norms. Most realists see rules per se as not affecting state behavior, but as reflections of the interests of states exogenously determined. Thus, realists maintain that international behavior can be explained by postulating an overriding motivation, one that is the same for all states: the national interest.

Question 16

What is offensive realism?

Answer 16

Offensive realism assumes that international anarchy is generally Hobbesian – that apart from situations of bipolarity or nuclear deterrence, security is scarce and states try to achieve it by maximizing their relative advantage. In the offensive realist world, rational states pursuing security are prone to take actions that can lead to conflict with others – and usually do

Question 17

how does neoclassical realism argue?

Answer 17

proponents of neoclassical realism assume that states respond to the uncertainties of international anarchy by seeking to control and shape their external environment. Regardless of the myriad ways that states may define their interests, this school argues, they are likely to want more rather than less external influence, and pursue such influence to the extent that they are able to do so.

Question 18

What is the main difference between institutionalist and rational theories?

Answer 18

Like neorealist theories, institutionalist theories view states as the primary international actors and treat them as rational actors interacting in a somewhat anarchical world.

Like neorealism, institutionalism takes a game theoretic approach to the study of the international system.

But, unlike realists, institutionalists believe that states can combine to create institutions that can make rules that in turn affect the behavior of states. These norms, however, do not influence states because of their being norms, but because they form part of an entire regime, including the institutions creating and implementing them; these institutions, in turn, can alter incentives of states to comply or not comply.

Question 19

What are normative theories

Answer 19

the philosophical tradition bifurcated into normative theories that basically argue that norms qua norms influence and induce states’ behavior. These theories assume that states generally obey international law, guided by a sense of moral and ethical obligation derived from considerations of natural law and justic