State behaviour, compliance and enforcement in international law : an analysis of the factors which influence the behaviour of states

Abstract

The prime objective of this research is to examine the issues of state behaviour, compliance and enforcement in international law. These will be explored with particular emphasis on the factors which influence the behaviour of states. The research will examine how states interpret international law and how the interpretation of the same international principles may not be identical by all states due to factors such as historical development, legal tradition and cultural identity. After analysing the factors, the research will examine the concept of compliance and why states obey international law. The different theories of compliance will also be reviewed. A further examination will be carried out in relation to the notion of enforcement for the purpose of analysing the sources of enforcement and the link between compliance and enforcement in international law. Regard will also be had to the main enforcement mechanisms and how sanctions may be imposed in the absence of an enforcement authority. The research will also analyse the impact of the modern media on state behaviour as well as the influence of public opinion on state actors. Shaming sanctions which are often employed in order to achieve coercive outcomes will also be discussed. Last but not least, the research will go through the behaviour of states with regard to their commitment to the International Criminal Court. In particular, the chapter will examine the level of commitment to the ICC as well as the possible explanation of why so many countries are parties to the Rome Statute considering the strong enforcement mechanisms that it embodies.