Simmons, Compliance with International Agreements

Compliance with International Agreements

Overview

• Research on compliance with international agreements has gained traction post-World War II, previously overshadowed by realist theories in international relations.

• Alternative perspectives now assert that international law and institutions significantly influence state behavior.

• The growing role of formal international agreements and supranational authority in state relations is a central theme.

• Despite methodical challenges, this study contributes important insights into how states comply with international agreements.

Key Developments

• An extensive range of authoritative international agreements has emerged, codifying customs into legal instruments since World War II.

• Notable expansions in international authority include:

  • The transition from GATT to WTO dispute resolution processes.

  • The establishment of the International Maritime Court.

  • Increased activity in the European Court of Justice and the International Court of Justice.

• These developments challenge traditional assumptions that states prioritize legal sovereignty and may draw from realist theories that portray states as generally reluctant to enter binding agreements voluntarily.

Theoretical Frameworks for Compliance

1. Realist Theory

   • Power dynamics and state interests dictate behavior, downplaying the impact of international law.

   • Treaties viewed cynically, as mere tools for furtherance of national interests.

   • Skepticism regarding the restraining power of international agreements.

2. Rational Functionalism

   • International agreements arise to address common problems when unilateral actions are insufficient.

   • Emphasizes collective benefits of compliance and the importance of institutional frameworks for facilitating cooperation.

   • Reputation and long-term costs of non-compliance are central to compliance motivations.

3. Domestic Regime Types

   • Compliance is influenced by the nature of domestic governance, with democracies more likely to adhere to international legal obligations due to structural and normative predispositions.

   • Democracies establish stronger institutional mechanisms for integrating international law.

4. Normative Approaches

   • Focus on the role of norms and beliefs in influencing state behavior, arguing that compliance is driven by perceived legitimacy rather than coercion.

   • Norms are socially constructed and context-dependent, impacting states' assessments of their obligations.

Challenges in Compliance Research

• Issues in defining and measuring compliance create significant methodological hurdles.

• The distinction between first-order (treaty adherence) and second-order compliance (adherence to third-party decisions) reveals varying complexities in assessing state behavior.

• Selection bias and endogeneity complicate establishing causal links between agreements and compliance outcomes.

Conclusions

• Despite a growing body of literature, understanding the determining factors of state compliance with international agreements requires further empirical investigation.

• Opportunities exist for nuanced exploration across varying contexts, particularly in human rights and environmental governance.

• Acknowledging diverse theoretical perspectives enriches the discourse surrounding international compliance, moving beyond conventional realist narratives.

Research on compliance with international agreements has gained significant attention since World War II, moving beyond the dominance of realist theories in international relations. The study explores the impact of international law and institutions on state behavior, highlighting the increasing importance of formal agreements and supranational authorities. Key developments include the evolution of dispute resolution from GATT to WTO, the establishment of the International Maritime Court, and the roles of the European Court of Justice and the International Court of Justice. Various theoretical frameworks are discussed, such as Realist Theory, Rational Functionalism, Domestic Regime Types, and Normative Approaches, each providing unique insights into why states comply with agreements despite challenges in defining compliance. The literature acknowledges the complexities of compliance research and highlights the need for further investigation into the factors affecting compliance, especially in areas like human rights and environmental governance.