ABSTRACT

In Chapter 1 , we discussed the complexity of the international legal process. International law as a system of law applies to states and the relationship between states. Because of the structure of the international political system, the lack of central institutions and authority, the rules normally have effect only when and if put into effect by the legislatures, courts, and executive agencies of individual, sovereign states that form the membership of the international community. Accordingly, the decisions of national courts as well as the responses and application of state political authorities are an important component of international legal process (see the discussion of customary law in Chapter 3 ). International law contains no specifications-that is, no rules concerning the procedures through which states must apply its rules. The guiding assumption is simply that states will carry out their obligations in good faith and that failure to do so will engage the “responsibility” of the state with the possibility of appropriate redress or penalties (see Chapters 8 and 11 ).