Political, Legal and Coercive Means of Dispute Resolution Under International Law

38 Pages Posted: 24 Dec 2018

Date Written: December 9, 1988

Abstract

Many, if not most, nations of the world community routinely comply with the vast majority of their international legal obligations in the commercial arena despite the absence of formal mandatory judicial-decisional and police-enforcement mechanisms for compelling compliance. They may be motivated by reciprocity or enlightened self-interest in preserving order, stability and predictability in their economic affairs in our increasingly interdependent global trading system. Even in the absence of an explicit threat, the mere possibility of reciprocal noncompliance or retaliation often has the significant prophylactic effect of encouraging nations to continue their good faith compliance with obligations imposed by a treaty from which they derive significant commercial benefits.

Keywords: international law, coercion, compliance, aviation law, dispute resolution

Suggested Citation

Dempsey, Paul Stephen, Political, Legal and Coercive Means of Dispute Resolution Under International Law (December 9, 1988). Available at SSRN: https://ssrn.com/abstract=3295925 or http://dx.doi.org/10.2139/ssrn.3295925

Paul Stephen Dempsey (Contact Author)

McGill University - Faculty of Law ( email )

3690 Peel Street
Montreal, Quebec H3AIW9
Canada

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