Enforcement of International Law

Introduction

• Focus on enforcement of international law in upcoming sessions.
• Explanation of strategies used by states and non-state actors to ensure compliance.
• Emphasis on a broader approach than traditional legal perspectives.

Legal Approaches to Compliance

• Legal approaches are adversarial.
• Textbooks often focus on counter-measures and the Security Council.
• Broader approach includes non-confrontational mechanisms.

Confrontational Approaches

• Traditional focus on:
  • Naming and shaming
  • Sanctions
  • Conditionalities
  • Countermeasures
  • Legal proceedings
• International law books focus on Security Council due to its enforcement power.

Cooperative Mechanisms

• Often missing from manuals and literature.
• Includes:
  • Confidence-building measures
  • Peer review mechanisms
  • Technical assistance

Centralization and Enforcement

• No central structure for enforcement as in domestic law systems.
• International law perceived as unenforceable, leading to assertions it doesn't exist.
• Security Council often the focus due to its unique enforcement power.

Misleading Concept of Rule of Law

• Focus on confrontational approaches due to misleading conceptions.
• Judicial fetishism and focus on the Security Council's power.
• Lack of central structures for consistent enforcement.

Role of Non-State Actors

• Non-state actors, including international organizations (e.g., World Bank, WTO, EU), have significant power in rule creation and enforcement.
• State consent remains central in norm creation and enforcement.

Politicization of International Law

• Politicization leads to double standards, undermining the rule of law.
• Law's normative force requires associated penalties for non-compliance.

Judicial Fetishism

• Norms often seen as valid only when articulated by a judicial body.
• International law often compared unfavorably to national law due to lack of centralized structures.

Institutionalization and Sovereignty

• Institutionalization has led to sovereign powers being delegated.
• States remain principal actors in enforcement of international rules.
• Most disputes resolved outside of legal courts.

Conclusion

• Enforcement mechanisms shouldn't be expected to mirror domestic systems.
• Next sessions will explore confrontational and cooperative approaches to enforcement.