Abstract

http://ssrn.com/abstract=928247
 
 

Citations (1)



 
 

Footnotes (102)



 


 



Noncompliance and the International Rule of Law


Jacob Katz Cogan


University of Cincinnati - College of Law


Yale Journal of International Law, Vol. 31, p. 189, 2006
U of Cincinnati Public Law Research Paper No. 06-16

Abstract:     
In an effort to elevate the international rule of law, international law scholars, especially since the end of the Cold War, have endeavored to determine how best to induce compliance, that is, how to encourage nations to obey international law. For all its advantages, this focus on compliance obscures the role of noncompliance in the international legal system. In the absence of effective mechanisms for decision and control, States sometimes feel obliged to take actions that formally violate existing norms but may nevertheless reflect current or developing expectations of lawfulness or make existing law effective. This is "operational noncompliance" - noncompliance that keeps an imperfectly effective system, such as international law, operational. Though compliance is and should be the norm, those who discount operational noncompliance disregard the tension, which is acute in the international arena, between the necessity in a legal system of maintaining the principle that the law is to be complied with - because otherwise what does it mean to be a law? - and the role of noncompliance in developing new law and in enforcing current law. This Essay explores that tension, arguing that we should recognize that operational noncompliance is and must be a part of the international legal system, as it is currently constituted, and that, in some cases, acts of operational noncompliance are legitimate. The failure to acknowledge the functions of operational noncompliance mythologizes contemporary international law, limits our ability to achieve community policies, and risks making international law irrelevant. Unless and until we have more effective international institutions, we will need to come to terms with noncompliance's role in the international legal system.

Number of Pages in PDF File: 23

Keywords: Noncompliance, Compliance, Rule of Law, International Law

JEL Classification: K33

Accepted Paper Series





Download This Paper

Date posted: September 5, 2006  

Suggested Citation

Cogan, Jacob Katz, Noncompliance and the International Rule of Law. Yale Journal of International Law, Vol. 31, p. 189, 2006; U of Cincinnati Public Law Research Paper No. 06-16. Available at SSRN: http://ssrn.com/abstract=928247

Contact Information

Jacob Katz Cogan (Contact Author)
University of Cincinnati - College of Law ( email )
P.O. Box 210040
Cincinnati, OH 45221-0040
United States
513-556-0105 (Phone)
513-556-1236 (Fax)
HOME PAGE: http://www.law.uc.edu/faculty-staff/faculty/jacob-katz-cogan
Feedback to SSRN


Paper statistics
Abstract Views: 2,946
Downloads: 550
Download Rank: 27,654
Citations:  1
Footnotes:  102

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.282 seconds