ABSTRACT

As we have discussed, the division of the world into states gives rise to ques-tions of how far states may go in asserting rights to perform certain actions. One primary function of international law is to set limits to state claims to exert authority in certain areas. We characterize this general function by the term “allocation of competence.” In the last chapter, we focused on the rights of states to define their own nationals and the limits international law places on them in doing so. In this chapter, we look at how international law allocates the right to legislate, and delimits the right to adjudicate and enforce, norms of behavior. We emphasize the difference between prescription, adjudication, and enforcement because the right to prescribe does not always automatically carry with it the right to enforce directly. For example, states do have the right to prescribe statutes for their nationals that apply to actions outside the country. They do not have the right to enforce such laws by entering the territory of another state to arrest a national who has committed a crime so defined.