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Anuario mexicano de derecho internacional
Print version ISSN 1870-4654
Abstract
CARBONELL YANEZ, María Helena. Theories about Compliance with Public International Law. Anu. Mex. Der. Inter [online]. 2021, vol.21, pp.469-496. Epub Jan 21, 2022. ISSN 1870-4654. https://doi.org/10.22201/iij.24487872e.2021.21.15600.
As Henkin pointed out, “almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time”. This implies that non-compliance is an exception, that can be brought before an international tribunal/court so that any controversy can be solved. This means that new obligations for the intervening State or States are created though the judgment delivered by the court. This paper addresses what has been the answer that the main philosophical international law theories have given to the question of why States comply with international law. Using a historical approach, this paper offers the reader a comprehensive systematization of the main contributions made not only by the legal theories, but also by those embedded in the international relations field.
Keywords : public international law; compliance; international obligations; international relations.