School of Legal Studies

Internal Assignment 1

Public International Law

Submitted by: -
Name: Shashank S Katagar
Srn: R20BL031
Class: BBA LLB 4thSem
Topic: Enforcement of International Law
Abstract
This article assesses the importance and the use of four methods or mechanisms used by different
States to maintain international peace and order. The methods mentioned in the article are
embargo, sanctions, judicial enforcement and UNSC. The article talks about the meaning of these
methods, how they are implemented and its effects.

The article also highlights the use of these methods while enforcing international law and how
these methods have been used by many states over the time. The importance of use of strict actions
against the nations who are oppressing other countries in order to gain from such aggression.

The article also gives arise to question where it reflects the effectiveness of the enforcement
mechanism of international law on the States that are developed and are economically stable as
compared to other States and that these are the States that have control over the activities happening
in the world. This is also evident from the example of permanent members of UNSC.

Key Words: International Law, Embargo, Sanctions, Judicial Enforcement, United Nations
Security Council (UNSC)
Synopsis
Introduction
International Law also called as Public International Law or Law of Nations is a body of legal
rules, norms, and standards that apply between sovereign states and other legally recognized
entities as international actors. This term was introduced by an English philosopher Jeremy
Bentham. Some other definitions of international law given by scholars are;

1. According to Prof. L. Oppenheim - “Law of Nations or International Law is the name for
the body of customary and conventional rules which are considered legally binding by the
civilized states in their intercourse with each other.”

2. As per J.L. Brierly - “The Law of Nations or International Law may be defined as the
body of rules and principles of action, which are binding upon civilized states in their
relations with one another.”

There are many other scholars, jurists and philosophers who have given their view on what kind
of definition is required for international law.

But here in this article we are going to talk about the Enforcement of International Law through
various means like through military actions, through international court, economic sanctions and
other methods.

International Law cannot be enforced easily as compared to other domestic laws because they
cannot be enforced in the conventional sense. The conventional sense means the method in
which the domestic laws are enforced through court, tribunals etc.

The enforcement mechanism in recent years is carried out by most the United Nations Security
Council, acting under Chapter VII of the UN Charter. Under the provisions of that Chapter, the
Security Council may determine the existence of any threat to the peace, breach of the peace or
act of aggression, and may impose mandatory sanctions to try to rectify the situation. The
sanctions may be economic (such as a trade embargo against a country threatening the peace),
diplomatic (such as severance of diplomatic relations) or military (the use of armed force to
maintain or restore international peace and security).
Although the enforcing of international law is difficult but not impossible as a result they are
enforced through various methods but we are going to focus on the following methods:

1. Embargo
An embargo is a government placed restriction on the import or export of goods, services,
currency, and other values to any other country or state. It can be imposed both in war
and peacetime. The embargoes covers all aspects of trade and economic activities.
Embargoes can be placed on specific categories or type of goods, scientific and technical
information, transport and other services, etc
2. Sanctions
The Security Council can take action to maintain or restore international peace and
security under Chapter VII of the United Nations Charter. Sanctions measures, under
Article 41, encompass a broad range of enforcement options that do not involve the use
of armed force. The measures have ranged from comprehensive economic and trade
sanctions to more targeted measures such as arms embargoes, travel bans, and financial
or commodity restrictions. The Security Council has applied sanctions to support
peaceful transitions, deter non-constitutional changes, constrain terrorism, protect human
rights and promote non-proliferation.
3. Judicial Enforcements
This is done through International Court of Justice (ICJ). The ICJ is also known as World
Court and is one of the six principle organs of the United Nations. The Court’s main role
is to settle disputes in accordance with international law, legal disputes submitted to it by
States and to give advisory opinions on legal questions referred to it by authorized United
Nations organs and specialized agencies. The Court decides disputes between countries,
based on the voluntary participation of the States concerned. If a State agrees to
participate in a proceeding, it is obligated to comply with the Court’s decision.
4. UNSC
As already stated in the previous section the United Nations Security Council, acting
under Chapter VII of the UN Charter. Under the provisions of that Chapter, the Security
Council may determine the existence of any threat to the peace, breach of the peace or act
of aggression, and may impose mandatory sanctions to try to rectify the situation.
 The Security Council is authorized to determine the existence of, and take action to
address, any threat to international peace and security. In practice this power has been
relatively little-used because of the presence of five veto-wielding permanent members
with interests in a given issue. Typically measures short of armed force are taken before
armed force, such as the imposition of sanctions.

Statement of Problem

1. Whether the enforcement mechanism of the international law is effective enough?

2. Whether the power of ICJ is being depleted over the period of time?

Literature Review

As the theme of my research is ‘Enforcement of International Law’, the literature that was referred
and implemented in the research is from a book written by M.P. Tandon, title ‘Public International
Law’

The book covers a wide range of area and my topic selected is on narrower side as compared to
the book. In the research paper the information provided is based on the four methods through
which the international law is being enforced. The book also states the functions and role of UNSC
and the International Court of Justice. In the book, what is UNSC? Its powers and functions are
mentioned which has also been reflected in the research. There are several examples regarding
enforcement role of UNSC mentioned and they highlight the power conferred upon them by the
UN Charter.

The book also gives details about the International Court of Justice like the creation of ICJ from
Permanent Court of International Justice, the number of judges in the court, the jurisdiction of the
court, the procedure and other matters. This is also mentioned in the introduction of the ICJ in the
research. There are several cases mentioned in the paper as well as in book which are related to
the enforcement role of ICJ regarding international law.

Therefore, the book’s scope is wide whereas the research’s scope narrow and specific.
Objective

The reason or the objective behind this research are

• To understand the four mechanism available for enforcement of international law.

• To understand check the effectiveness of the enforcement methods

Research Questions

1. Whether the use of these methods is effective on developed States?

2. Whether the use of sanctions and embargoes is effective enough to reform states?

Scope & Limitation

The research paper’s scope is narrow even though it has a wide range of area to study as the title
states ‘Enforcement of International Law’. The topic is wide due to which it is been narrowed
down to four methods or mechanisms of enforcement of international law namely embargoes,
sanctions, judicial enforcement and UNSC. As compared to the individual topics the scope of the
research is wide because it explains four of them.

The limitation of the research paper is that it mainly focuses only on four areas and narrows the
scope and even if it is narrowed there are many details that cannot be mentioned because all
information cannot be provided.

Research Methodology

The research methodology adopted in this research is the ‘Doctrinal Research’. A doctrinal
research means a research that has been carried out on a legal proposition or propositions by way
of analyzing the existing statutory provisions and cases by applying the reasoning power.

Hypothesis

The tentative conclusion that has been arrived is that even though there are various methods and
mechanisms which are available for the enforcement of international law but this does not ensure
the perfect enforcement of international law all over the world. This is because international law
deals with two or more sovereign states who have their own and different perspective regarding
the implementation of international law due to which enforcement of it becomes quite difficult.
And sometimes the methods used for enforcement may lead to retaliation from the states who may
think they are being oppressed by the sanctions. One more conclusion that is derived is that many
of these sanctions, embargoes basically affect the small states and the states that are economically
strong do not get any consequences in return.

Probable Outcome

The use of enforcement mechanism to enforce international law has been in practice for over a
period of time. There are several instances where the said methods were used to ensure
international peace and order. This also acts as a preventive measure as well, this is because it sets
an example for other nations who are likely to violate international law and can hinder the
international peace.

Although it is quite clear that International Law cannot be enforced in the conventional sense as
the domestic laws are enforced in their respective States and we all know the reason behind this,
the inclusion or participation of different sovereign.

Hence, the outcome of the research is that the enforcing of international law is bit complicated and
is complex in nature. Its effectiveness also depends upon the State that are engaged in the dispute
or are directly influenced by it.