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Is the Good News about Compliance Goods News about International Law - Essay Example

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The arbitration of international disputes is always difficult in situations where the international court finds it difficult to portrayal of Member States to bring forth their claims for…
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Download file to see previous pages In the case of the Guatemala and Belize, they agreed to appear before the International Court of Justice with a condition of passing a referendum on a question by October. The Court was therefore unable to convince the members of the states to decide disagreements which failed on the prosecution. This case reveals to us that the stability of the International law to handle problems faced by its members at the moment with regards to the formation of a stable coalition to prosecute such issues becomes questionable. The main contentious issue in this scenario is the conflict of interest between the member states and the jury. The leadership systems of many states especially the developing states are partial to their interests and would not like being exposed for the determination of justice. Conversely, the law is concerned with ensuring that all the provisions are met and that the judgments are made based on the facts rather than notions fostered by fallacies.
A clear reflection on these issues has great effect on the decisions made by different countries. This is evident in the way the Guatemala’s did not make decisions when it came to October 2013 as agreed in the ICJ. They feared to be removed from office for being the first administration to seal acknowledgements with the Belize. Thus Guatemala acted in their favor due to the repercussions they would face after running the referendum. These early choices have great influence on countries’ subsequent decisions to comply with international treaties and decisions from legal institutions.
The enforcement mechanisms of the international law takes both positive and negative forms. The positive mechanisms incorporate incentives or promises that might be in monetary forms so as to encourage compliance. There is transparency whereby there is gathering and sharing of useful information concerning the fact of issue at the basic level. The second mechanism is bureaucracy which, according to Chayes and Chayes ...Download file to see next pagesRead More
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