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On compliance

  • Abram Chayes (a1) and Antonia Handler Chayes (a2)
  • DOI: http://dx.doi.org/10.1017/S0020818300027910
  • Published online: 01 May 2009
Abstract

A new dialogue is beginning between students of international law and international relations scholars concerning compliance with international agreements. This article advances some basic propositions to frame that dialogue. First, it proposes that the level of compliance with international agreements in general is inherently unverifiable by empirical procedures. That nations generally comply with their international agreements, on the one hand, or that they violate them whenever it is in their interest to do so, on the other, are not statements of fact or even hypotheses to be tested. Instead, they are competing heuristic assumptions. Some reasons why the background assumption of a propensity to comply is plausible and useful are given. Second, compliance problems very often do not reflect a deliberate decision to violate an international undertaking on the basis of a calculation of advantage. The article proposes a variety of other reasons why states may deviate from treaty obligations and why in many circumstances those reasons are properly accepted by others as justifying apparent departures from treaty norms. Third, the treaty regime as a whole need not and should not be held to a standard of strict compliance but to a level of overall compliance that is "acceptable" in the light of the interests and concerns the treaty is designed to safeguard. How the acceptable level is determined and adjusted is considered.

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Oran Young , The Effectiveness of International Institutions: Hard Cases and Critical Variables, in James N. Rosenau and Ernst-Otto Czempiel , eds., Governance Without Government: Order and Change in World Politics (Cambridge: Cambridge University Press, 1992), pp. 160–92

Jesse Ausubel and David Victor , “Verification of International Environmental Agreements,” Annual Review of Energy and Environment, vol. 17, 1992, pp. 143

James A. Caporaso , “International Relations Theory and Multilateralism: The Search for Foundations,” International Organization 46 (Summer1992), pp. 599632

George Stigler , “The Economics of Information,” Journal of Political Economy 69 (June1961), pp. 213–25

J. McNeill , “U.S.-U.S.S.R. Arms Negotiations: The Process and the Lawyer,” American Journal of International Law 79 (spring1985), pp. 5267

Robert E. Hudec , “GATT or GABB? The Future Design of the General Agreement of Tariffs and Trade,” Yale Law Journal 80 (061971), pp. 1299–386

Detlev F. Vagts Senate Materials and Treaty Interpretation: Some Research Hints for the Supreme Court,” American Journal of International Law 83 (071989), pp. 546–50

Robert D. Putnam , “Diplomacy and Domestic Politics: The Logic of Two-Level Games,” International Organization 42 (Summer1988), pp. 427–60

William Eskridge Jr,. and G. Peller , “The New Public Law: Moderation as a Postmodern Cultural Form,” Michigan Law Review 89 (021991), pp. 707–91

Elinor Ostrom , Governing the Commons: The Evolution of Institutions for Collective Action (Cambridge: Cambridge University Press, 1990)

Duncan Kennedy , “Form and Substance in Private Law Adjudication,” Harvard Law Review 89 (061976), pp. 1685–788

Ronald Dworkin , “The Model of Rules,” University of Chicago Law Review 35 (Autumn1967), pp. 1416

Abram Chayes and Antonia Handler Chayes , “Compliance Without Enforcement: State Behavior Under Regulatory Treaties,” Negotiation Journal 7 (071991), pp. 311–31

Louis B. Sohn , “Peaceful Settlement of Disputes in Ocean Conflicts: Does UN Clause 3 Point the Way?Law and Contemporary Problems 46 (Spring1983), pp. 195200

Antonia Handler Chayes and Abram Chayes , “From Law Enforcement to Dispute Settlement: A New Approach to Arms Control Verification and Compliance,” International Security 14 (Spring1990), pp. 147–64

Quincy Wright , “The Cuban Quarantine,” American Journal of International Law 57 (071963), pp. 546–65

James S. Campbell , “The Cuban Crisis and the UN Charter: An Analysis of the United States PositionStanford Law Review 16 (121963), pp. 160–76

Charles Lipson , “Why Are Some International Agreements Informal,” International Organization 45 (Autumn1991), pp. 495538

Michael J. Glennon , “Has International Law Failed the Elephant,” American Journal of International Law 84 (011990), pp. 143

Gary Becker , “Crime and Punishment: An Economic Approach,” Journal of Political Economy 76 (03/041968), pp. 169217

Steinar Andresen , “Science and Politics in the International Management of Whales,” Marine Policy, vol. 13, no. 2, 1989, p. 99

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