Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-8kt4b Total loading time: 0 Render date: 2024-06-30T22:26:38.645Z Has data issue: false hasContentIssue false

4 - Compliance by the United States

Published online by Cambridge University Press:  aN Invalid Date NaN

Philip Moremen
Affiliation:
Seton Hall University, New Jersey
Get access

Summary

Chapter Four focuses on US compliance with international law. The perception of former officials was that US compliance with international law was robust. When asked about the reasons that the United States complies or does not comply with international law, the former officials’ responses tracked many of the factors they listed for states in general. The chapter then explores the interplay between law and policy, exploring how policymakers balance these competing concerns. Former officials were clear that while international law was generally followed, it was not always dispositive. Legal issues were considered as one factor among a variety of factors, essentially involving a cost–benefit analysis. The salient considerations driving compliance or noncompliance, as revealed in the interviews, appeared to be the nature of the national interest or policy at stake; the nature and significance of the international legal rule involved ethical considerations; the views of allies; the ambiguity or precision of the legal obligation; and the weight of domestic political and bureaucratic concerns. The chapter next examines factors that may affect policymaker perceptions, including party affiliation, and concludes with a description of instances where the United States either bent international law or complied scrupulously.

Type
Chapter
Information
Perceptions of State
The US State Department and International Law
, pp. 104 - 154
Publisher: Cambridge University Press
Print publication year: 2024

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

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 Dropbox.

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.

Available formats
×