Heterogeneity, Compliance and Enforcement of Public International Law Remarks on Sanctions and Countermeasures. Legal Theory and the Sociology of Law Approach
Heterogeneity, Compliance and Enforcement of Public International Law Remarks on Sanctions and Countermeasures. Legal Theory and the Sociology of Law Approach

Summary/Abstract: This paper discusses issues with law enforcement and compliance in the area of public international law. It presents the conditions affecting the quality of the application of legal norms of public international law. Analysis of the problem is multifactorial. While presenting the law enforcement process, attention is drawn to the question of the standards of execution of international legal norms that run contrary to national law. This phenomenon has been identified as and called by the authors “discovering law (legal norms) through sanctions”. The main issue concerns theoretical and legal philosophical issues: the legal responsibility of states, coercive measures against states, sanctions and countermeasures in public international law and in international relations. The authors criticize the contemporary model of the legal responsibility of states, pointing to a feedback loop between the concept of sanctions and the principle of the sovereignty of a state. Homogenization and globalization processes overlap only slightly in public international law. Also, institutionalization and constitutionalization have slowed. We argue that the PIL system is threatened by the effects of sui generis rejection of legal norms by a state in relation to certain countries while claiming that these legal norms apply to other countries.

• Details
• Contents