Barack Obamas speech on 5 April 2009 in Prague in relation to international law

Resumen o Introducción

A gradual process of change, termed ‘deepening and widening’ of international law, can be observed in response to new challenges to the world order, such as the increased global economic interdependence, demands for human rights and ethnic autonomy, and transboundary environmental damage. States are increasingly entering formal international agreements and transferring a portion of their sovereignty to authoritative international institutions. The proliferation and evolution of international arrangements has raised the question of States’ compliance with international law having in mind the horizontal nature of the international legal system. Law and compliance are conceptually linked as law explicitly aims to provide compliance with legal rules. Theories of compliance draw on both international relations and international law scholarship. Understanding state behaviour in terms of compliance with international law is vital for effectively designing international commitments and improving the efficiency of international institutions. The first section of the present essay outlines the discussion of the nature and function of international law. The common themes of the status of law of international law and its decentralised nature are discussed. The next section addresses theories of compliance with international law. States’ compliance motives are grouped in three categories: ‘international law of power’, ‘international law of community’ and ‘international law of reciprocity’.