International Law : The Principles Of Recognition And Compliance

1948 Words Jul 15th, 2016 8 Pages
International law is founded on the principles of recognition and compliance, but pays little attention to motive. The motive of states and leaders is posed as a question for political scientists, rather than legal experts. However, why states comply with the obligations, duties, etc. of international law is just as important as the system itself. Beliefs and intent are necessary for judgements in many instances within international law. While these more philosophical constructs are typically reserved for determining state practice and other legal requirements, they carry weight in other categories as well. Participating in international law would seem to be paradoxical behavior. A state must willfully reduce its sovereignty in order to take part in this system. This behavior would initially seem counter intuitive; reducing sovereignty is considered by many to be one of the worst mistakes a state can make. There must be a benefit on some end for this action, and there are several theories surrounding what that benefit is.
It stands to reason that each state must have some objective or subjective reason for such an act. While there may be some states and leaders that participate in international law because they believe they have a legal obligation, the reasoning for most states surely must go beyond this. It would seem there are several key reasons states would willfully reduce their sovereignty by participating in international law. These reasons are: coercion, persuasion,…

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