Why Do Nations Comply with International Law

A well-known legal scholar named Louis Henkin once wrote:

It is probably the case that almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time.

Some would dispute this assessment, but assuming it is largely true, why might states be so willing to comply with international law even when it may not be in their immediate interest to do so?

reciprocity - a state cannot expect other states to observe international law, unless it is willing comply with the same principles of law. As soon as one state violates a law, others are relieved of their obligations to comply with those rules in dealing with that state. For example, a failure of the US to comply with treaties limiting nuclear arms, frees up Russia/North Korea or any other nation from following through on its reciprocal commitments.

preserve reputation as a law abiding countries - countries that fail to abide by international law can become outcasts and the target of sanctions that can have a very adverse impact on the country (examples are Libya, Iraq, and Serbia). Countries that have a reputation for being unreliable in fulfilling treaty obligations risk that other countries in the future will not be willing to negotiate further agreements with them.

stake in international law - in a larger sense, states (especially larger ones) that capriciously violate international law weaken its fabric and its own influence and safety--possibly resulting in a more disorderly world that doesn't work to the advantage of anyone.

domestic pressure - in some countries, the public may expect their governments to abide by international law, violations may become campaign issues in future elections or erode support for a government

Unit 6-Why Do Nations Comply with International Law.doc