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Enforcement of international law
Enforcement of international law
International law and domestic law
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International laws are the formal rules of conduct that states acknowledge or contract between themselves (Lamy, p. 480). The issue, or rather issues, surrounding the enforcement of international law include international law being viewed as a Western, possibly even imperial, institution by states. Moreover, there is the issue of states simply not consenting to the laws, therefore not being bound by those laws (Lamy, p. 176). International law is commonly criticized as being too Western; this criticism can be exemplified in looking at the UN’s permanent members, which has a strong Western presence, arguably favoring Western over non-western states. International law will likely become more significant in the age of globalization contrary to what may be perceived by the difficulties surrounding its enforcement, as compliance appears to be forced along various lines.
Four presuppositions as to why states often comply with international law include, but are not limited to, reciprocity, collective action, shaming, and domestic pressures (globalization101.org).
◦ Reciprocity is a type of enforcement by which a state is assured that in offending another state, that state will respond by returning the same actions. To put this into perspective, if North Korea was to fail to comply with treaties limiting nuclear arms, a nation such as the US, or any other nation for that matter, is relieved of those rules specifically in dealing with North Korea. In other words, if North Korea violated a treaty by expanding its nuclear arsenal, the US could potentially violate the same treaty in a defensive manner due to what North Korea proceeds to do with its nuclear arms. As Michael Walzer stated, it would a just assassination, or in this case, a ...
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...ious statement holds true and states are bound by these forces, international law will grow to be of greater importance and significance. International law may potentially be taken advantage of due to the forces of compliance, as it has become evident compliance can lead to a state or states acting "properly" or accordingly to the international laws in place, as there is the perceptible fear of what actions can and/or will be taken against those states who don't comply.
Works Cited
"How Is International Law Enforced? | Globalization101." Globalization101. N.p., n.d. Web. 08 Nov. 2013. .
Lamy, Steven L. "Critical Approaches." Introduction to Global Politics. New York: Oxford UP, 2011. 103-31. Print.
Masker, John Scott. Introduction to Global Politics: A Reader. New York: Oxford UP, 2012. Print.
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