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The impact on international law of US noncompliance

Shirley V. Scott-2003-05-29-Cambridge University Press eBooks
27

TL;DRAbstract

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 legis

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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 legis

Keywords

LawObligationTreatyPolitical scienceUnited Nations CharterInternational lawCharterConvention

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