Ineffective, Opaque and Undemocratic: The IOUs of - Too Much - International Law, and Why a Bit of Skepticism Is Warranted
Author(s) -
James Allan
Publication year - 2014
Publication title -
ssrn electronic journal
Language(s) - English
Resource type - Journals
ISSN - 1556-5068
DOI - 10.2139/ssrn.2456527
Subject(s) - skepticism , bit (key) , opacity , law , political science , philosophy , computer science , epistemology , optics , physics , computer security
This paper argues that too much of international law is undemocratic, opaque and ineffective. It considers rights-related treaties but also customary international law. The paper also looks at the International Court of Justice. In comparison with the domestic laws of long-standing democracies such as the US, the UK, Canada and Australia, international law is sub-optimal.The paper also considers the merits of top courts citing international and transnational law. The paper concludes that there are strong grounds for being skeptical of much of international law's reach in long-standing democracies.
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