- Title
- Enforcing international law: states, IOs, and courts as shaming reference groups
- Creator
- Gopalan, Sandeep; Fuller, Roslyn
- Relation
- Brooklyn Journal of International Law Vol. 39, Issue 1, p. 73-158
- Relation
- http://www.brooklaw.edu/intellectuallife/lawjournals/brooklynjournalofinternationallaw/volumes/volume39/Issue1.aspx
- Publisher
- Brooklyn Law School
- Resource Type
- journal article
- Date
- 2013
- Description
- Does international law (“IL”) impose meaningful constraints on state behavior? Unabated drone strikes by the dominant superpower in foreign territories, an ineffective United Nations (“U.N.”), and persistent disregard for international law obligations — e.g., the continued killing of citizens by states with an obligation to protect — all suggest that the skeptics have won the debate about whether international law is law in the sense in which the term is commonly understood and whether it affects state behavior. This Article argues that such a conclusion would be in error because it grossly underestimates the complex ways in which IL affects state behavior. The scholars who claim that the lack of coercive power in IL deprives it of the attributes necessary for it to have the force of law err in imagining that the types of physical coercion typically used in domestic law enforcement are the only types of coercion available for the enforcement of legal rules.
- Subject
- international law; shaming; states; UK; Germany; US; Canada; United Nations
- Identifier
- http://hdl.handle.net/1959.13/1058258
- Identifier
- uon:16373
- Identifier
- ISSN:0740-4824
- Language
- eng
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