State Compliance with International law in Intelligence Matters: A Behavioural Approach

2021 ◽  
Author(s):  
Sophie Duroy de Suduiraut
Keyword(s):  
International Law ◽  
Behavioural Approach ◽  
State Compliance

Tipping the Balance: International Courts and the Construction of International and Domestic Politics

2011 ◽  
Vol 13 ◽  
pp. 1-21
Author(s):  
Karen J Alter
Keyword(s):  
International Relations ◽  
International Law ◽  
Domestic Politics ◽  
Tipping Point ◽  
Legal Institutions ◽  
International Courts ◽  
State Compliance ◽  
Point Argument

Abstract The proponents of international courts (ICs) expect that creating formal legal institutions will help to increase respect for international law. International relations scholars question such claims, since ICs have no tools to compel state compliance. Such views are premised on the notion that states have unique preferences that ICs must satisfy in order to be effective. The tipping point argument is premised on the notion that within each state are actors with numerous conflicting preferences. ICs can act as tipping point actors, building and giving resources to compliance constituencies—coalitions of actors within and outside of states—that favour policies that happen to also be congruent with international law.

Minority Protection in International Law: From Standard-Setting to Implementation

1999 ◽  
Vol 68 (2) ◽  
pp. 131-160
Author(s):  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Rights ◽  
Broad Perspective ◽  
Minority Protection ◽  
Monitoring Process ◽  
International Monitoring ◽  
State Compliance ◽  
Potential Impact ◽  
Minority Regime

AbstractIn recent years, minority issues regularly feature on the international agenda, due to growing concerns for human rights and stability. Minority rights instruments are being multiplied accordingly. While this is no doubt a welcome development, the fact that the effectiveness of any (present and future) minority regime remains to be tested through an adequate implementation machinery should not be overlooked. The aim of this paper is to examine the international monitoring mechanisms which are relevant to minority protection, with a view to discussing the prospects for improving State compliance. An overview of such mechanisms and a focus on some basic, contemporary elements of the resulting monitoring process, afford the basis for a set of forward-looking reflections on the problem of the implementation of minority rights standards. An attempt has been made at analysing the relevant patterns of scrutiny within a broad perspective, namely in relation to their real and/or potential impact on minority protection as embraced by international law.

The principle of subsidiarity as a constitutional principle in international law

2013 ◽  
Vol 2 (1) ◽  
pp. 37-62 ◽  
Author(s):  
ANDREAS FOLLESDAL
Keyword(s):  
International Law ◽  
The State ◽  
Legal Order ◽  
State Sovereignty ◽  
Public International Law ◽  
Constitutional Principle ◽  
The Us ◽  
State Compliance ◽  
State Consent

AbstractThis paper explores subsidiarity as a constitutional principle in international law. Some authors have appealed to a principle of subsidiarity in order to defend the legitimacy of several striking features of international law, such as the centrality of state consent, the leeway in assessing state compliance and weak sanctions in its absence. The article presents such defences of state-centric aspects of international law by appeals to subsidiarity, and finds them wanting. Different interpretations of subsidiarity have strikingly different institutional implications regarding the objectives of the polity, the domain and role of subunits, and the allocation of authority to apply the principle of subsidiarity itself. Five different interpretations are explored, drawn from Althusius, the US federalists, Pope Leo XIII, and others. One upshot is that the principle of subsidiarity cannot provide normative legitimacy to the state-centric aspects of current international law on its own. It stands in need of substantial interpretation. The versions of subsidiarity that match current practices of public international law are questionable. Many crucial aspects of our legal order must be reconsidered – in particular the standing and scope of state sovereignty.

1 Legal Status (Personality), 1.6 Application of the Interim Accord of 13 September 1995 ( The Former Yugoslav Republic of Macedonia v Greece ), Judgment, [2011] ICJ Rep 644

2016 ◽  
Author(s):  
Barros Ana Sofia
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Status ◽  
State Participation ◽  
State Compliance ◽  
The Icj ◽  
Decision Making Processes ◽  
Yugoslav Republic ◽  
The Individual ◽  
Of Greece

The present case addresses the responsibility of states for their own conduct performed in the framework of international organizations. The matter at stake concerned the responsibility of Greece for its objection to FYROM’s candidacy for membership in NATO, which eventually led to latter’s decision to refuse FYROM’s admission. Contrary to Greece’s contention that the decision had been taken by NATO as a whole, and that it was thus solely attributable to it, the ICJ lifted the institutional veil and rather concentrated on the legality of the individual conduct of Greece. In this decision, the Court confirmed that member state participation in institutional decision-making processes can, in its own right, constitute legally relevant conduct against which state compliance with earlier international law obligations may be judged.

State Compliance with the Recommendations of the African Commission on Human and Peoples’ Rights, 1994-2004

2007 ◽  
Vol 101 (1) ◽  
pp. 1-34 ◽  
Author(s):  
Frans Viljoen ◽  
Lirette Louw
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
State Compliance ◽  
State Obligations ◽  
Legal Position ◽  
International Human ◽  
The Impact ◽  
African Commission

Current discourse on international human rights leaves little room for self-satisfaction about near-universal acceptance of wide-ranging normative frameworks with a global and regional scope. Recent times have witnessed growing academic concern with the “impact” or “effect” of international human rights treaties on the de jure and de facto legal position in state parties. These concerns are embedded in bigger and more enduring questions about the nature of state obligations under international law (including those derived from “nonbinding norms”) and compliance with them. However, general questions about obedience to international law have been replaced by attempts to answer the question whether human rights treaties in fact “make a difference.”

Tipping the Balance: International Courts and the Construction of International and Domestic Politics

2011 ◽  
Vol 13 ◽  
pp. 1-21 ◽  
Author(s):  
Karen J Alter
Keyword(s):  
International Relations ◽  
International Law ◽  
Domestic Politics ◽  
Tipping Point ◽  
Legal Institutions ◽  
International Courts ◽  
State Compliance ◽  
Point Argument

AbstractThe proponents of international courts (ICs) expect that creating formal legal institutions will help to increase respect for international law. International relations scholars question such claims, since ICs have no tools to compel state compliance. Such views are premised on the notion that states have unique preferences that ICs must satisfy in order to be effective. The tipping point argument is premised on the notion that within each state are actors with numerous conflicting preferences. ICs can act as tipping point actors, building and giving resources to compliance constituencies—coalitions of actors within and outside of states—that favour policies that happen to also be congruent with international law.

scholarly journals Toward Rejuvenated Inspiration with the Unbearable Lightness of Anthropology

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 283-288
Author(s):  
Miia Halme-Tuomisaari
Keyword(s):  
Human Rights ◽  
International Law ◽  
Community Of Practice ◽  
International Organizations ◽  
Shared Understanding ◽  
Political Rights ◽  
Legal Fiction ◽  
State Compliance ◽  
Treaty Body ◽  
Civil And Political Rights

How might the connections between anthropology and international law become more dynamic? I reflect upon this question in this essay using ethnographic insights from the documentary cycles of the UN Human Rights Committee, the treaty body monitoring state compliance with the International Covenant on Civil and Political Rights. Building on recent anthropological scholarship on international organizations, bureaucracy, and documents, this essay discusses the knowledge practices and legal technicalities that characterize the international community of human rights lawyers. In particular, I reflect on the legal fiction of difference governing UN treaty bodies’ operations and the empirical sameness of participants in different formal categories in the shared community of practice of human rights lawyers. I conclude by suggesting that anthropological insights could significantly enrich our shared understanding of the diverse and subtle effects of human rights monitoring. Simultaneously such insights may offer rejuvenated inspiration for those international lawyers tackling a sense of losing faith in their discipline, both as an influential tool of world improvement and an invigorating intellectual tradition.

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