Theories about Compliance with Public International Law

被引:0
|
作者
Carbonell Yanez, Maria Helena [1 ]
机构
[1] Inst Altos Estudios Nacl, Quito, Ecuador
关键词
public international law; compliance; international obligations; international relations;
D O I
10.22201/iij.24487872e.2021.21.15600
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
As Henkin pointed out, "almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time".This implies that non-compliance is an exception, that can be brought before an international tribunal/court so that any controversy can be solved. This means that new obligations for the intervening State or States are created though the judgment delivered by the court.This paper addresses what has been the answer that the main philosophical international law theories have given to the question of why States comply with international law. Using a historical approach, this paper offers the reader a comprehensive systematization of the main contributions made not only by the legal theories, but also by those embedded in the international relations field.
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页码:469 / 496
页数:28
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