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Books > Law > International law > Public international law > Treaties & other sources of international law
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The New Sovereignty - Compliance with International Regulatory Agreements (Paperback, Revised)
Loot Price: R1,521
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The New Sovereignty - Compliance with International Regulatory Agreements (Paperback, Revised)
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In an increasingly complex and interdependent world, states resort
to a bewildering array of regulatory agreements to deal with
problems as disparate as climate change, nuclear proliferation,
international trade, satellite communications, species destruction,
and intellectual property. In such a system, there must be some
means of ensuring reasonably reliable performance of treaty
obligations. The standard approach to this problem, by academics
and politicians alike, is a search for treaties with
"teeth"--military or economic sanctions to deter and punish
violation. The New Sovereignty argues that this approach is
misconceived. Cases of coercive enforcement are rare, and sanctions
are too costly and difficult to mobilize to be a reliable
enforcement tool. As an alternative to this "enforcement" model,
the authors propose a "managerial" model of treaty compliance. It
relies on the elaboration and application of treaty norms in a
continuing dialogue between the parties--international officials
and nongovernmental organizations--that generates pressure to
resolve problems of noncompliance. In the process, the norms and
practices of the regime themselves evolve and develop. The authors
take a broad look at treaties in many different areas: arms
control, human rights, labor, the environment, monetary policy, and
trade. The extraordinary wealth of examples includes the Iran
airbus shootdown, Libya's suit against Great Britain and the United
States in the Lockerbie case, the war in Bosnia, and Iraq after the
Gulf War. The authors conclude that sovereignty--the status of a
recognized actor in the international system--requires membership
in good standing in the organizations and regimes through which the
world manages its common affairs. This requirement turns out to be
the major pressure for compliance with treaty obligations. This
book will be an invaluable resource and casebook for scholars,
policymakers, international public servants, lawyers, and corporate
executives.
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