Ineffective, Opaque and Undemocratic: The IOUs of - Too Much - International Law, and Why a Bit of Skepticism Is Warranted

34 Pages Posted: 20 Jun 2014

See all articles by James Allan

James Allan

The University of Queensland - T.C. Beirne School of Law

Date Written: June 18, 2014

Abstract

This paper argues that too much of international law is undemocratic, opaque and ineffective. It considers rights-related treaties but also customary international law. The paper also looks at the International Court of Justice. In comparison with the domestic laws of long-standing democracies such as the US, the UK, Canada and Australia, international law is sub-optimal.

The paper also considers the merits of top courts citing international and transnational law. The paper concludes that there are strong grounds for being skeptical of much of international law's reach in long-standing democracies.

Keywords: international customary law, international law, undemocratic, ineffective, Bentham, skepticism of international law

Suggested Citation

Allan, James, Ineffective, Opaque and Undemocratic: The IOUs of - Too Much - International Law, and Why a Bit of Skepticism Is Warranted (June 18, 2014). Available at SSRN: https://ssrn.com/abstract=2456527 or http://dx.doi.org/10.2139/ssrn.2456527

James Allan (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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