14. Enforcement

2020 ◽  
pp. 294-310
Author(s):  
Paola Gaeta ◽  
Jorge E. Viñuales ◽  
Salvatore Zappalà
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Armed Force ◽  
Typical Form

This chapter analyses the enforcement of international law by States acting individually, that is, decentralized enforcement, including by their courts, as well as through retortion or countermeasures (once called reprisals). This is the typical form of enforcement under traditional international law. At the same time, enforcement might take place through measures taken by States acting collectively, that is, through mechanisms that include resort to collective measures, such as those adopted at the UN level (or within other international organizations), which can lead to collective sanctions. The first form of enforcement looks at the traditional law governing retortion and reprisals or countermeasures (as they are now called), as well as at the post-1945 law, taking into account that the ban on the use of armed force in international relations imposes that all enforcement measures taken by States individually must be peaceful. The second form examines the issue of collective sanctions, such as those taken at UN level.

Part I Introduction, Ch.3 The Law and Politics of International Organizations

2016 ◽  
Author(s):  
Dunoff Jeffrey L
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
The Political ◽  
Law And Politics ◽  
Theoretical Approaches ◽  
Political Implications ◽  
Key Characteristics ◽  
The Creation ◽  
Institutional Fragmentation

This chapter describes the contours of the international law (IL) and international relations (IR) scholarship on international organizations (IOs), as well as some of its key characteristics and debates. It proceeds in three parts. Part I briefly surveys the major theoretical approaches to the creation and functions of IOs found in the IL and IR literature. Part II analyzes the most important conceptual debates that have occupied IO scholars in recent years, including debates over the autonomy, accountability, and legitimacy of IOs. Part III explores a cluster of policy dilemmas, including the political implications of institutional fragmentation, how to manage IO interactions, and why IOs increasingly seem unable to effectively address matters of pressing international concern.

Universal International Law

1993 ◽  
Vol 87 (4) ◽  
pp. 529-551 ◽  
Author(s):  
Jonathan I. Charney
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Diplomatic Relations ◽  
State Behavior ◽  
Legal Principles ◽  
Bilateral Relations ◽  
Uniform State ◽  
The Common ◽  
Multilateral Treaties

In this shrinking world, states are increasingly interdependent and interconnected, a development that has affected international law. Early international law dealt with bilateral relations between autonomous states. The principal subjects until well into this century were diplomatic relations, war, treaties and the law of the sea. One of the most significant developments in international law during the twentieth century has been the expanded role played by multilateral treaties addressed to the common concerns of states. Often they clarify and improve rules of international law through the process of rendering them in binding written agreements. These treaties also promote the coordination of uniform state behavior in a variety of areas. International organizations, themselves the creatures of multilateral treaties, have also assumed increasing prominence in the last half of this century. They contribute to the coordination and facilitation of contemporary international relations on the basis of legal principles.

The Effects of a State of War or Armed Conflict

2016 ◽  
Author(s):  
Marina Mancini
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Force ◽  
Diplomatic Relations ◽  
Trade Relations ◽  
State Practice ◽  
The Creation ◽  
The United Nations

This chapter explores how a state of war or armed conflict affects the relations between belligerents, between belligerents and third states, and the belligerents’ subjects. It begins by describing how a state of war arose between two states, along with its far-reaching consequences, in classical international law. The effects on diplomatic relations, trade relations, treaties, and contracts are highlighted. The chapter then considers the prohibition on the use or threat of armed force in international relations and its implications for the concept of a state of war as well as the consequences traditionally attached to it. It also looks at state practice regarding the creation of a state of war in the United Nations era and concludes by analysing the effects of an interstate armed conflict in contemporary international law.

The Oxford Guide to Treaties

2020 ◽  
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Reference Point ◽  
International Agreements ◽  
International Agreement ◽  
The European Union ◽  
Trade Relations ◽  
Nation States

From trade relations to greenhouse gases, from shipwrecks to cybercrime, treaties structure the rights and obligations of states, international organizations, and individuals. For centuries, treaties have regulated relations among nation states. Today, they are the dominant source of international law. Thus, being adept with treaties and international agreements is an indispensable skill for anyone engaged in international relations. This revised and updated edition provides a comprehensive guide to treaties, shedding light on the rules and practices surrounding the making, interpretation, and operation of these instruments. The chapters are designed to introduce the law of treaties and offer practical insights into how treaties actually work. Foundational issues are covered, including what treaties are and when they should be used, alongside detailed analyses of treaty formation, application, interpretation, and exit. Special issues associated with treaties involving the European Union and other international organizations are also addressed. These are complimented by a set of model treaty clauses. Real examples illustrate the approaches that treaty-makers can take on topics such as entry into force, languages, reservations, and amendments. The book thus provides an authoritative reference point for anyone studying or involved in the creation or interpretation of treaties or other forms of international agreement.

scholarly journals The Sources of International Law Legitimacy

2018 ◽  
Vol 5 (2) ◽  
pp. 139-144
Author(s):  
E A Petrova
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Essential Feature ◽  
The Creation

The article is devoted to the question of where the international law legitimacy comes from. The author analyzes the consensual sovereign volition of international law subjects (states, nations, international organizations) as the main source of its legitimacy. The specificity of legitimacy depending on the type of international law norms is indicated. Types of international law legitimacy in the context of its sources are distinguished. Positions on the question of criteria of the legitimacy are given. The author points out the interrelationship between legitimacy of international and national law. It is concluded that legitimacy is an essential feature of international law, since the source of international law legitimacy is the same as the source of the creation and mandatory of its norms, namely, the consensual sovereign volition of the participants of international relations.

scholarly journals About GaDS and PJGD

2021 ◽  
Vol 2 (1) ◽  
pp. 1-2
Author(s):  
Center For PanAfrican Journal of Governance and Development
Keyword(s):  
Public Policy ◽  
International Relations ◽  
Conflict Management ◽  
International Law ◽  
International Organizations ◽  
Environmental Science ◽  
International Political Economy ◽  
Peace And Conflict ◽  
Science Governance ◽  
Jimma University

 Multi-, inter-, and transdisciplinary journal of Jimma University. Political science, governance, development, leadership, national and international law, globalization, human rights, economics, environmental science, public policy, international relations, international organizations, gender, peace and conflict management, international political economy, multiculturalism, civil society, etc.

scholarly journals The changing rules of jus ad bellum : conflicts in Kosovo, Iraq and Afghanistan

2017 ◽  
Vol 7 (2) ◽  
pp. 130
Author(s):  
W Scholtz
Keyword(s):  
International Relations ◽  
International Law ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
Armed Force ◽  
Armed Attack ◽  
Coercive Measures ◽  
Jus Ad Bellum ◽  
The Usa ◽  
The Uk

This article focuses on three instances of the use of armed force in international relations. The three instances that are explored are the intervention by NATO in Kosovo, the armed attack by mainly the USA and the UK against Afghanistan and the war against Iraq in 2003. The purpose of this investigation is to examine the legality of the coercive measures in order to ascertain the effects that these actions had in relation to article 2(4) of the UN Charter. The proposed justifications for the attacks differ and these are carefully scrutinized against the jus ad bellum as to determine the legality of the attacks. The notion of humanitarian intervention was used as a ground for justification by various international scholars to explain the use of force in Kosovo, but this concept is not recognized in terms of international law. The attack on Afghanistan was based on article 51 of the UN Charter. The attacks were directed at Afghanistan as this state harboured the terrorists responsible for the attacks on the USA. The mere harbouring of terrorists does not give rise to the use of armed force on the basis of article 51 and as such the use of coercive measures against Afghanistan was illegal. The use of force in Iraq was mainly based on the doctrine of pre-emptive force which is alien to international law. The USA and its coalition partners also acted in contravention with the jus ad bellum in this regard. The author poses certain proposals in relation to the jus ad bellum and stresses the importance of article 2(4) which must ensure that international relations are not once more regulated by the use of armed force. 

Book I Diplomacy in General, 3 Introduction to International Law

2016 ◽  
Author(s):  
Wilmshurst Elizabeth
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
Comprehensive Account ◽  
The Subject ◽  
The Law

This chapter provides a brief account of what international law is and what its sources are. This is particularly useful for those who have not studied the subject. International law may be defined as the law governing relations between States, and between States and international organizations. The chapter notes, however, that even this definition borders on the simplistic. In addition, the relevance of international law to the diplomat is emphasized in this chapter, as it contributes to the discussion later. Hence the chapter first briefly argues for the relevance of international law in the arena of international relations, before turning to a discussion on the nature, sources, and content of international law, in order to draw a more comprehensive account of what international law is about.

Conclusion

2018 ◽  
Author(s):  
Edward Chukwuemeke Okeke
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organizations ◽  
International Community ◽  
International Organization ◽  
Course Of Action ◽  
The Law

The conclusion makes the case that the jurisdictional immunities of States and international organizations are not only sustainable but also necessary for international relations and cooperation. Contrary to the polemic that immunity breeds impunity, jurisdictional immunities promote respect for international law rather than undermine it. Even where a State or an international organization is immune, it may still be responsible for a wrongful act. To be sure, immunities can be abused. However, abuse of immunity is a different question from the necessity of immunity. The book concludes with the submission that if the international community finds the international law of jurisdictional immunities of States and international organizations to be illegitimate or inadequate, then the proper course of action is to re-evaluate the goals served by the law.

4. International organizations, states, and global governance

2021 ◽  
pp. 69-90
Author(s):  
Nicole Scicluna
Keyword(s):  
Nineteenth Century ◽  
European Union ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Global Governance ◽  
International Organizations ◽  
The European Union ◽  
Western Values

This chapter evaluates global governance and how it relates to international law. It addresses the role of international organizations in processes of global governance, charting their rise from the nineteenth century onwards. Two international organizations exemplify semi-legalized governance beyond the state: the United Nations and the European Union. Sovereign states, of course, continue to play a central role in the institutions, processes, and mechanisms of global governance. The chapter then explores the extent to which a state’s power, influence, and legitimacy are affected by factors such as its domestic political arrangements and its adherence to the liberal, Western values that underpin the postwar order. It also assesses whether the proliferation of legalized and semi-legalized global governance regimes amounts to a constitutionalization of international relations.

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