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16 - The impact on international law of US noncompliance

Published online by Cambridge University Press:  13 July 2009

Shirley V. Scott
Affiliation:
Senior Lecturer in International Relations and Coordinator of Postgraduate Coursework Programs in the School of Politics and International Relations University of New South Wales
Michael Byers
Affiliation:
Duke University, North Carolina
Georg Nolte
Affiliation:
Georg-August-Universität, Göttingen, Germany
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Summary

In one of the most influential theoretical works on compliance of the post–Cold War era, Abram Chayes and Antonia Chayes hypothesized a propensity for States to comply, rather than not, with international obligations. It is only infrequently, according to Chayes and Chayes, that a treaty violation falls into the category of a wilful flouting of legal obligation. Chayes and Chayes cite Robert Keohane's survey of two hundred years of American foreign relations, in which he identified only forty “theoretically interesting” cases in which there had been a serious issue as to whether or not to comply. And yet, in the decade since the end of the Cold War, the United States has met with criticism for its seemingly intentional violation of treaty obligations. The United States has not paid its bill to help run the United Nations, has used force contrary to the UN Charter, has failed to comply with the provisions of the Vienna Convention on Consular Relations, and has passed environmental legislation found to be incompatible with the global trading regime. The election of George W. Bush raised concern at the possibility of an even less respectful attitude on the part of the United States towards international law, as exemplified by the administration's determination to “move beyond” the Anti-Ballistic Missile Treaty in developing missile defense. Conduct of the war in Afghanistan and US treatment of captured Taliban and al-Qaida fighters have raised questions as to the degree of US respect for international humanitarian law.

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Publisher: Cambridge University Press
Print publication year: 2003

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  • The impact on international law of US noncompliance
    • By Shirley V. Scott, Senior Lecturer in International Relations and Coordinator of Postgraduate Coursework Programs in the School of Politics and International Relations University of New South Wales
  • Edited by Michael Byers, Duke University, North Carolina, Georg Nolte, Georg-August-Universität, Göttingen, Germany
  • Book: United States Hegemony and the Foundations of International Law
  • Online publication: 13 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494154.018
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  • The impact on international law of US noncompliance
    • By Shirley V. Scott, Senior Lecturer in International Relations and Coordinator of Postgraduate Coursework Programs in the School of Politics and International Relations University of New South Wales
  • Edited by Michael Byers, Duke University, North Carolina, Georg Nolte, Georg-August-Universität, Göttingen, Germany
  • Book: United States Hegemony and the Foundations of International Law
  • Online publication: 13 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494154.018
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The impact on international law of US noncompliance
    • By Shirley V. Scott, Senior Lecturer in International Relations and Coordinator of Postgraduate Coursework Programs in the School of Politics and International Relations University of New South Wales
  • Edited by Michael Byers, Duke University, North Carolina, Georg Nolte, Georg-August-Universität, Göttingen, Germany
  • Book: United States Hegemony and the Foundations of International Law
  • Online publication: 13 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494154.018
Available formats
×