Enforcement of International Laws and Violations

Enforcement of International Law

  • Enforcement Mechanisms:

    • Handled mainly through international organizations (IOs).

    • State actions (e.g., sanctions enforcement).

    • Specialized police organizations (e.g., Interpol, EuroPol).

  • International Criminal Court (ICC):

    • Established in 1998; operational since 2002.

    • Jurisdiction over individuals, focusing on serious crimes (genocide, war crimes).

    • Universal jurisdiction, but often ignored by states like the US and Russia.

  • International Court of Justice (ICJ):

    • Established in 1945; settles disputes between states.

    • Limited to states' consent, cannot try individuals.

  • Permanent Court of Arbitration (PCA):

    • Established in 1899; provides arbitration for state and private disputes.

    • Flexible ruleset; deals with both public and private international law disputes.

  • United Nations International Law Commission (ILC):

    • Founded in 1947; codifies international law and drafts treaties.

  • World Trade Organization (WTO):

    • Replaced GATT in 1995; resolves trade disputes.

    • Jurisdiction over all trade-related issues.

  • European Court of Human Rights (ECHR):

    • Established in 1959; enforces the European Convention on Human Rights.

    • Rulings are legally binding on member states.

  • International Tribunal for the Law of the Sea (ITLOS):

    • Established in 1996; adjudicates maritime law disputes.

  • Arbitration:

    • Common method for resolving disputes; binding decisions made by impartial arbitrators.

  • Domestic Courts:

    • Integrate international law into national systems; some have universal jurisdiction.

    • Issues: Variability in interpretation, political influences.

  • Sanction Mechanisms:

    • Used in response to violations of international law; can be unilateral or multilateral.

  • Collective Security Agreements (CSA):

    • Agreements for collective action against threats (e.g., NATO).

  • Issues Faced:

    • Many entities rely on voluntary compliance, leading to inconsistent enforcement.

    • The effectiveness of sanctions varies; often harms civilians rather than targets.

    • Peacekeeping missions have limited mandates and can face logistical challenges.

    • Arbitration can be expensive and lacks transparency, raising concerns about impartiality.

  • Extradition Treaties:

    • Outline processes for extraditing individuals; vary widely among nations.