Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Catherine Bratic
Rice University
Poli 475: Dr. Ashley Leeds
Presented 22 April 2010
Abstract: Although traditional compliance theory predicts higher rates of compliance with international
law in democracies, studies of compliance with decisions of the International Court of Justice does not
uphold such a correlation. However, the two areas of study can be reconciled by considering how a
democratic leader’s political posturing in the lead-up to the court’s ruling can polarize or tame a domestic
electorate, greatly influencing a country’s ability to offer concessions required to comply with the final
decision. While leaders who engage with and encourage a divisive political atmosphere appear unable to
backtrack from this politicization without risking an electoral backlash, it is also observed that leaders
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who seem willing to offer concessions toward dispute resolution can prime their electorates to accept a
third-party resolution of a dispute.
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I. Introduction
Trends of compliance with the rulings of the International Court of Justice, (ICJ) the
United Nations court with jurisdiction to resolve disputes among member states, pose a
perplexing subject of study. Although compliance patterns for this world court conform in many
ways to traditional theories about state compliance with international law, ICJ compliance has
also bucked trends on some issues, confounding researchers and escaping a complete
explanation. The gaps in comprehension that exist so far indicate that our current understanding
One area that is particularly puzzling in current research is the role of democracy in
influencing compliance levels. Although traditional compliance research has consistently shown
that democratic states are more likely to comply with international law, ICJ compliance histories
have not reflected this correlation. This paper puts forward a theory that could explain why
democracies do not necessarily exhibit higher compliance levels than non-democracies. In short,
the unique domestic pressures which democratic leaders are subject to under electoral patterns
change the considerations that leaders make when deciding whether or not to comply with an ICJ
judgment. A leader’s political posturing in either a hostile or favorable direction prior to the
decision of a case may irrevocably commit a leader to action before the final judgment is even
issued.
themselves to ICJ compliance issues. Other studies have found democracies to be more likely to
comply with international law than autocracies are. In the case of the ICJ, democratic predictors
do not apply; a democratic regime does not predict higher levels of compliance with ICJ rulings.
However, other findings of traditional compliance theory can still be useful as explanatory
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factors here. Due to the fact that the relationship between these two fields is complex, it is
important to first understand the unique questions posed over ICJ compliance. Once laid out, this
paper will consider the ways in which traditional compliance theory can contribute to the debate,
and in what ways its findings must be disregarded in order to examine other criteria that impact
ICJ compliance levels. It is found, in fact, that basic theory of compliance law continues to be
able to offer much insight to behavior in response to ICJ judgments. Although initial democratic
determinants do not hold true in this case, the behavior of democratic leaders that weigh
domestic electoral concerns when acting internationally offers an explanation of why the
Two hypotheses about disparate behavior of democratic leaders will be examined. First,
there are those democratic leaders who seek to engage with an electorate whose heated emotions
have led them to solidly espouse a radicalized view of the debate. In a second category are those
democratic leaders who try to distance themselves from any such domestic groups by presenting
and fostering a favorable view of the court that lends itself to the offering of future concessions
that compliance might require. I hypothesize — and find it to be the case — that leaders who
find themselves in the former situation are more likely to defy the court’s judgments, while
leaders in the latter cases comply more often, more fully, and more eagerly.
Also encountered in this paper’s research was an unanticipated third set of cases, which
are marked by the absence of a polarized electorate, and one in which a leader’s lack of public
political rhetoric imply a tacit acceptance of the court’s activity. Taken together, these three
findings allow re-integration of ICJ compliance theory with traditional knowledge of state
compliance, and have the potential to inform measures intended to increase compliance with
international law.
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The International Court of Justice at The Hague has developed an exceptional track
record since its inception in 1945. The Court, which is charged with settling legal disputes
between states and offering advisory opinions on legal matters, has boasted high levels of
compliance with its judgments, despite the contentious nature of its subject matter. All United
Nations member states are automatically under the jurisdiction of the Court due to stipulations in
the treaties they must sign to join the United Nations. Once party, states may call upon the Court
There are three procedural paths by which an issue or case may be brought to the ICJ.
Under the first procedural path, two states willingly present themselves before the court, seeking
resolution of a conflict. This first approach is typically considered to be most highly associated
with compliance, as states voluntarily accept the court’s jurisdiction. The second procedure
through which cases can be put before the ICJ is clausal stipulation of compulsory ICJ
jurisdiction in international treaties. Although the inclusion of such clauses is becoming less
common as it is replaced by civil arbitration clauses that favor private civilian forums rather than
governmental ones, such cases still provide regular material for the ICJ. Lastly, the ICJ can be
called upon by states to provide advisory opinions on legal issues. Although compliance with
these opinions is not compulsory, their acceptance reflects the states’ view of the wisdom and
As is inevitable in all contentious issues, states may frequently find themselves subject to
ICJ decisions with which they disagree or which are in some way viewed as unfavorable to the
state. Historically, states receiving such judgments from the ICJ have still exhibited relatively
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high compliance levels, suggesting the existence of a more complex calculation on the part of the
Enforcement of ICJ judgments is notably difficult. The United States withdrew from the
ICJ’s compulsory jurisdiction in 1987. Rejection of the court’s authority by such a major world
power has weakened the court’s reputation and influence.1 Furthermore, the court lacks robust,
independent monitoring and enforcement mechanisms to reinforce its judgments, relying instead
on the arguably weak and political United Nations Security Council for such ends. In cases of
binding judgments, failure to comply can result in reprimands and sanctions doled out by the UN
Security Council. However, the Council is a non-neutral body, and one member’s veto can
prevent enforcement actions from proceeding. The reality is that most states have no reason to
fear that they will be subject to sanctions if they fail to comply immediately and fully with an ICJ
decision; the Council has not made it a practice to monitor compliance in the post-adjudication
Given this background, it is surprising that the court has enjoyed very high compliance
levels in response to its judgments — and even its non-binding advisory opinions. Most
estimates place compliance levels with binding rulings above eighty percent.2 Such a figure
should be unexpected, given that states face no negative (namely, punitive) incentives to abide
by decisions.
ICJ compliance poses two particular and complementary dilemmas. The first is the
question of why states ever comply with ICJ judgments, considering the almost complete
absence of enforcement mechanisms. The second question posed, which acts as the impetus for
1
Colter Paulson, Colter. 2004. Compliance with Final Judgments of the International Court of Justice Since 1987,.
98 The American Journal of International Law. 98: 434-461 (2004).
2
, CONSTANZE SCHULTE, CONSTANZE. 2004, . COMPLIANCE WITH DECISIONS OF THE INTERNATIONAL COURT OF JUSTICE (2004).
Oxford: Oxford University Press.
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this paper’s research, is that of why states ever defy ICJ judgments, given that they have agreed
in advance to be subject to the court’s jurisdiction. Why would a state willingly refer a case to
the ICJ, only to defy the decision once it is reached? Though it is around this second question
that this paper is centered, it cannot be considered in absence of its stated counterpart.
Traditional compliance theory has focused on a limited number of reasons why states
might be motivated to comply with international law. These explanations can be applied to both
of the previous questions: why states comply with judgments and why they defy them. When the
conditions of compliance theory motives are met, states are presumed to have motives to comply,
and when the conditions are not met, states are presumed to have motivation to defect.
Traditional compliance theory is useful to first consider here because it has proposed and
presented consistent findings that offer solid explanations of when states comply with
international law. Many of these explanations also apply to the ICJ. However, in the realm of
divergence. The examination of traditional compliance theory and the extent to which it can be
applied to the ICJ offer suggestions for how the democratic paradox of compliance can be
understood.
advances three reasons that might drive states to obey international law. Perhaps the most basic
reason is out of fear of punishment.3 If defiant behavior is subject to sanctions whose costs would
exceed the immediate benefits of defecting from an agreement or flouting an international ruling,
the state may still be reflecting its own self-interest when it complies. However, this is not a
3
Markus Burgstaller, Markus,. 2007. Amenities and Pitfalls of a Reputational Theory of Compliance with
International Law,. 76 Nordic Journal of International Law. 76: 39-71 (2007).
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likely motivation in the case of the ICJ, as shown by the fact that mechanisms for enforcing its
Burgstaller’s second rationale for obedience is that a state may hold the belief that
compliance is in its best interest. Though this evaluation has many facets, it is essentially based
around the realist perspective that states are rarely induced to behave in ways that do not
correlate with their own best interests and those of the most powerful states.
George Downs, a professor at New York University, David Rocke, a professor at the
University of California Davis and Peter Barsoom, a PhD student at Princeton University take an
extreme view of this theory, suggesting that states only enter into shallow agreements with which
they already have motivation to comply.4 While this theory might explain why a state with a
strong case would proceed to the ICJ, it is certainly not a compelling explanation of compliance
with all of the cases that are found before the ICJ. After all, by nature, every case must have a
winner and a loser, so not all states can consistently receive favorable judgments. The very fact
that there are “losers” in ICJ rulings proves Downs, Rocke, and Barsoom’s assertions do not
Another variation, deeply rooted in the theory that states always act in their own rational
interest, revolves around game theory. Although states may have material incentives to defect
from their obligations under international law, they may view that it is in the overall best interest
commitments, even when the immediate effects of this compliance are negative. Because the UN
is the basis for the ICJ, states have a reasonable expectation that they will often interact with the
international community after the case has concluded. This demonstrates what James Fearon, a
4
George W Downs, George W., David M. Rocke, and Peter N. Barsoom.1996. Is the Good News About
Compliance Good News About Cooperation? 50(3) International Organization. 50(3): 379-406 (1996).
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political science professor at Stanford, would call a “large shadow of the future.”5 The more
likely a state’s future interaction in a community is, the greater the incentive that the state has to
international law are horizontal rather than vertical — that is to say that punishments are doled
out by other states more often than by supranational organizations — reputational concerns are
school of law fully develops a theory of how reputational concerns impact the decision to abide
by international commitments, concluding: “If a country violates international law, other states
may refuse to enter into future agreements, demand greater concessions when entering into such
Reputational concerns are not a sufficiently motivating factor in all decisions, however,
as evidenced by occasional defections. Burgstaller finds that these incentives only act at the
margins of the decision to defect or not. When stakes are higher and states have significant
inducements to defect based on their own rational and material self-interest, reputational
But reputational concerns are always a factor to some degree. In a study of the US’s
law as real legal doctrine, in a partial rejection of realism. The United States has been historically
defiant toward the ICJ, so its motivations are particularly relevant. Scharf recounts how even in
5
James D Fearon, James D. 1998. Bargaining, Enforcement, and International Cooperation,. 52 (2) International
Organization. 52 (2): 269-305 (1998).
6
Andrew Guzman, Andrew. 2002. A Compliance-Based Theory of International Law,. 90 (6) California Law
Review. 90 (6): 1823-1887 (2002).
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were given great consideration.7 The case may be then, as Guzman believes, that although
reputational concerns are constantly in play, the stakes of certain disputes may be too high to be
These high-stakes issues are the ones which most interest the study of compliance with
ICJ judgments. Low-stake and low-salience issues have no compelling reason to incite defection.
(As illustrated by this very research, there are cases where the low domestic investment in the
dispute made no compelling demands upon leaders to engage in any way other than the tacit
expression of complicity.) Researchers of the court find themselves examining, over and over,
the cases in which the issue was just too important for a country to give in and comply with an
Lastly, Burgstaller says states may fully ignore a calculation of whether defection would
serve their interests because the norm of conforming to international law has become internalized
within the state. When fear of sanctions or a damaged reputation are not enough to motivate
compliance, states may nonetheless choose to comply with a ruling because the norms of
international law have been accepted and incorporated into the national psyche.
demand for a nonsurrender agreement attached to the International Criminal Court provides
proof that the jurisdiction of international courts has been embraced as a norm in the
other countries, pressuring them to sign an agreement to refrain from surrendering American
citizens to international courts without US consent. The debates within each country approached
7
Michael Scharf, Michael. 2009. International Law in Crisis: A Qualitative Empirical Contribution to the
Compliance Debate, 31. Cardozo Law Review. 31: 45-97 (2009).
8
Guzman.
9
Judith Kelley, Judith. 2007. Who Keeps International Commitments and Why? The International Criminal Court
and Bilateral Nonsurrender Agreements,. 101 (3) American Political Science Review. 101 (3): 573–589 (2007).
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by the US over whether or not to sign are interesting because they were based almost entirely on
principles; the nonsurrender agreement was unlikely to be enforceable, so states would not hurt
the court’s power by signing on. However, the vast majority of states refused, valuing the norm
of international justice above their immediate self-interests of avoiding punishment from the US.
Kelley shows that states valued adherence to commitments to the international court for their
own sake, absent of any tangible benefits., This value given to adherence itself conforms
perfectly with the traditional definition of a norm. 10,11 While this is unquestionably a valid
proposition that is likely a factor in many ICJ compliance cases–particularly the ones of states
who routinely and unhesitatingly comply with ICJ judgments–it fails to explain the cases of
defection, where clearly norms are not internalized enough to ensure compliance. The cases of
defiance that are examined are ones in which norms — if they even exist in the states — were
More generally, the fundamental norm that governs states’ actions in international law is
pacta sunt severanda, meaning that commitments must be fulfilled. International legal scholars
Antonia Chayes and Abram Chayes find that states value policy continuity above all as the most
efficient strategy.12 Any treaty that has been negotiated between states inherently represents each
state’s national interests, as they are formed further in the negotiating process. Demonstrating
continuity with these interests is useful both domestically — in order to present an unwavering
policy record — as well as internationally, as states feel obligated to maintain good standing in
10
Robert Axelrod, Robert. 1986. An Evolutionary Approach to Norms,. 80 (4) American Political Science Review.
80 (4): 1095–1111 (1986).
11
Martha Finnemore, Martha and Kathryn Sikkink, Kathryn. 1998. International Norm Dynamics and Political
Change,. 52 (4) International Organization. 52 (4):887–917 (1998).
12
Abram Chayes, Abram and Antonia Chayes, . 1993. On Compliance,. 47 (Spring) International Organization. 47
(Spring): 175–205 (1993).
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Assuming that these three influences are constant within a system, there is still an
Clearly there is something unique about a democratic state. These regimes are much more likely
to cooperate with international law, and this correlation between cooperation and democratic
governance has been found time and time again.13,14,15 Scholars have identified a handful of
explanations for this correlation, namely the importance of rule of law, accountability, and
domestic pressures within democracies. International legal scholar Brett Ashley Leeds has found
that democracies are able to make more credible commitments in negotiation processes because
they are held accountable by domestic interests that oppose any attempt to renege on past
commitments.16 Similarly, American political scholar James D. Morrow has found that domestic
interests can also exert considerable political pressure on leaders to comply with international
norms. Because of their political structure, democracies tend to have a greater respect for the rule
of law,17 and this domestically-established norm makes it politically costly for a leader to openly
defy international agreements.18 International legal scholars Todd Allee and Paul Huth found this
effect to often be overwhelming for a democratic leader, and suggested that there are cases in
which a democratic leader would like to offer concessions but is constrained by the public’s
investment in the issue. In order to shelter oneself from domestic political backlash, a democratic
leader may instead choose to offer the case up to an international court.19 Through their research,
13
James D. Morrow, James D. 2007. When Do States Follow the Laws of War? 101 (3) American Political Science
Review. 101 (3): 559–589 (2007).
14
Todd L Allee, Todd L. and Paul K. Huth. 2006., Legitimizing Dispute Settlement: International Legal Rulings as
Domestic Political Cover,r. 100(2) American Political Science Review. 100(2): 219–234 (2006).
15
Brett Ashley Leeds, Brett Ashley. 2003. Alliance Reliability in Times of War: Explaining State Decisions to
Violate Treaties,57(4). International Organization 57(4): 801–827 (2003).
16
Leeds.
17
Judith Kelley, Judith. 2007. Who Keeps International Commitments and Why? The International Criminal Court
and Bilateral Nonsurrender Agreements,. 101 (3) American Political Science Review. 101 (3):573–589 (2007).
18
Morrow.
19
Allee and Huth.
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Leeds, Morrow, Allee and Huth offer a very clear picture of the different situations that
democratic leaders face in the decision to comply. Yet like a few of the other findings of general
compliance theory, this democratic conclusion cannot be easily extended to compliance with ICJ
rulings.
After being neglected by academics for many years, the study of compliance with
international court judgments has recently begun to receive increased attention. Previous studies
have been able to identify certain conditions that make compliance more likely. However, these
studies have focused primarily on the conditions of the judgment rather than the conditions of the
state. For example, one study by Colter Paulson, who has studied the ICJ extensively, showed
that land boundaries (as opposed to maritime boundaries), questions of political strategy, and a
history of armed conflict predict lower levels of compliance.20 Other research shows that joint
referrals of cases by both parties are more likely to be complied with than if one state drags
another before the court.21,22 While the procedural path that a case takes to the ICJ docket has
little effect on compliance levels,23,24 self-removal from the process once it has begun— an
While research specific to the ICJ has delved more specifically into the intricacies of
compliance particular to the court, it hasn’t offered a lot of solid conclusions. Certainly none of
the findings that have emerged from this field are universally applicable. More importantly, none
20
Paulson.
21
Schulte.
22
Shabtai Rosenne, Shabtai. The Law and Practice of the International Court, 1920-20055:, in VOLUME I: THE COURT
AND THE UNITED NATIONS. Boston:( Martinus Nijhoff Pub.lishers. 2006).
23
Paulson.
24
Aloysius Llamzon, Aloysius. 2008. Jurisdiction and Compliance in Recent Decisions of the International Court
of Justice,. 18 (5) The European Journal of International Law. 18 (5) 815–853 (2008).
25
Schulte.
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of these findings has even attempted to answer the question of why the established theory of
Constanze Schulte, a scholar of the ICJ, has found that democratic states are no more
likely to be receptive to unfavorable ICJ judgments.26 These findings are further supported by the
work of Sarah McLaughlin Mitchell and Paul Hensel, two scholars of international
cooperation .27 The lack of correlations found by Schulte and Mitchell and Hensel occur despite
the fact that studies of compliance in general have found the type of government to greatly
influence responses to legal rulings,28 and serve an important reminder of the way that ICJ
judgment compliance records differ from compliance records of treaties and regulations.
Unfortunately, the current analyses of domestic conditions fail to consider why a single
state may comply with one ICJ judgment but not another, although its democratic status remains
variation, other shifting domestic considerations must be examined, and the type of governance
changes to a control variable. Examining only the cases of democracies, where no predicting
effect has been observed, the cases must be separated to find what factors do indeed distinguish
the democratic leaders who choose to comply from the democratic leaders who do not choose to
comply.
States accepting the ICJ’s jurisdiction do not have full information about how their future
interests will affect their ability or desire to comply, because their commitment is an agreement
to be bound by any range of judgments that might occur at unspecified times and against
26
Schulte.
27
Sarah McLaughlin Mitchell, Sarah McLaughlin and Paul R. Hensel. 2007. International
Institutions and Compliance with Agreements. 51 (4) American Journal of Political Science. 51
(4): 721–737 (2007).
28
Xinyuan Dai, Xinyuan. 2006. The Conditional Nature of Democratic Compliance,. 50 (October) Journal of
Conflict Resolution. 50 (October): 1–24 (2006).
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unspecified parties. In this sense, compliance with the rule of the ICJ demands a lot from states.
These states must agree to fully comply with any judgment the court will make in the future,
regardless of which country hales them before the court or what judgment the court will make.
Without the full knowledge of the circumstances they will face, states must make a leap of faith
V. Argument
In the selected cases of judgments which were unfavorable to the party not exhibiting full
compliance, states clearly received a judgment that they were not hoping for. In cases of
noncompliance, the threat of international punishment and reputational concerns were clearly not
enough to induce compliance. Particularly in democracies, political leaders must think about
domestic support for all of their actions. If leaders lose that domestic support, they risk losing
political power and their offices. Under what conditions, then, will democratic leaders have
According to international legal scholar James Fearon, a state’s prior posturing can exert
one of the greatest influences on behavior.29 Fearon finds that backing down from prior rhetoric
is surprisingly costly. In addition to the standard price that leaders must pay for concession on
the issue itself, they also face additional costs: physical costs for any backtracking that must
occur, such as the demilitarization of areas and the restoration of damaged bilateral relations, and
audience costs for engaging the national honor only to abandon it. When leaders raise an issue to
national consciousness, clearly positioning the state in one direction or another, they give their
opponents the chance to bemoan the loss of international face when they retreat from this
position.
29
James D. Fearon, James D. 1994. Domestic Political Audiences and the Escalation of International Dispute,s. 88
(3) The American Political Science Review. 88 (3). 577–592 (1994).
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VI. Hypotheses
This paper expects to find that, for leaders who have raised the particular dispute to the
level of the national consciousness, retreating from the strong positions initially put forth in order
The attitude of a state’s leader can have impressive effects on a country’s psyche as
determined by the powerful electorate. Leaders — particularly democratic ones — can risk
becoming so buried in political rhetoric that they are unable to backtrack from a combative
Hypothesis 1 (H1): States whose leaders have used extreme political rhetoric to
tie their political reputations to the outcome of the dispute will be less likely to
The degree of political entrenchment can be measured by the leader’s remarks, but also
through material threats unrelated to the Court itself. If a leader has previously threatened
military escalation of the conflict or has otherwise expressed that the state is willing to take any
means necessary to defend its position, the leader may be said to be more politically entrenched
in the conflict. This effect is ever the more increased if the leader has expressed hesitance in the
Leaders are of course free to backtrack from combative or divisive remarks. However,
they may risk their electoral backing when doing so, in an over-cooperation effect examined by
political scientist Michael Colaresi.30 In fact, dovish leaders who are more willing to offer
cooperation can be easily ousted by hawkish leaders who will not make such concessions, and
30
Michael Colaresi, Michael. 2004. When Doves Cry: International Rivalry, Unreciprocated Cooperation, and
Leadership Turnover, 48(3) . American Journal of Political Science. 48(3): 555–570 (2004).
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can take advantage of a “rally-round-the-flag” effect to rouse support for both defection and
political campaigns. Conversely, support for the ICJ may also prove to be an intractable position.
Hypothesis 2 (H2): States whose leaders publicly express favorable views of the
ICJ prior to the Court’s judgment will be more likely to offer compliance.
Democratic states are known for their tendency to have a greater regard for the rule of
law. As previous general compliance studies have shown, norms make an important contribution
to a country’s domestic views. If a leader has played up respect for the court, publicly stating that
the country in question holds the ICJ in high esteem and is willing to comply with the ICJ’s
informed judgment in order to resolve a dispute, that leader may be both reflecting and enforcing
domestic norms in his or her state. Posturing of this sort is just as powerful as the posturing of
politicization, and leaders are likely to have an equally difficult time retreating from such
One is left then with a variable that aims at the core of what the leader thinks of the court:
is his or her attitude respectful or defiant? Fortunately, the task at hand is not to determine the
leader’s true beliefs; rather, since this paper has hypothesized that leaders posture themselves in
such a way as to cater to a specific domestic audience, it is only the leader’s public remarks that
VII. Design
or not a state has complied with an ICJ judgment is a difficult process.31 Thankfully, researchers
whose work has preceded this paper have already analyzed individual cases to make this
determination. This paper does not seek to impose any judgment over theirs, so it will combine
and utilize both Paulson and Schulte’s analyses of historical data for determining compliance.
31
Schulte.
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This paper’s research will expand upon these pronouncements by considering the difference
The majority of the data needed to make the distinctions needed to test H1 and H2 can be
gained from a leader’s public remarks. Since one can assume that the leader does indeed have a
message to convey, the tone of that leader should be readily discernible. Rhetoric that is
favorable to the Court — expressing confidence in its judiciousness and reiterating the state’s
eagerness to comply with the Court in order to receive a fair resolution of a conflict — can be
interpreted as preparing the electorate to accept the Court’s legitimacy and offer any needed
concessions. Through the examination of news reports, articles published around the time of the
judgment, and public statements issued before and after the Court’s ruling, this paper will verify
whether cases of compliance and noncompliance differ according to the conditions of its
hypotheses.
VIII. Data
This paper has drawn from the cases and compliance studies performed by Schultz in
Compliance with Decisions of the International Court of Justice, which include a full list of
contentious cases that have come before the court since it began its work in 1946 and which
examined substantive legal issues and issued binding decisions. This paper determines that the
only applicable international procedures to consider are those cases which demanded substantive
compliance, and so eliminates cases which asked instead only that parties continue negotiations.
Finally, as the hypotheses being considered relate only to the official responses of democratic
states, the cases considered were further reduced to those in which the “losing” state was a
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democracy, as judged by data from the Polity IV data set, which measures the type of
governance since 1800 in all world nations.32 The final set of fourteen cases is shown in Table 1.
In the majority of the cases, the ICJ issued a ruling which indicated a clear “loser” in the
dispute, in which one state was required to make concessions that were either unilateral or
significantly greater than those demanded of the other state.33 In a select few cases (Rights of
Nationals of the USA in Morocco, Delimitation of the Maritime Boundary in the Gulf of Maine
Area, Denmark, weak), the judgment weighed heavily enough on both parties that full and
complete compliance could only be accomplished through the cooperation of the parties. In these
cases, both sides are considered to be “losers” in the dispute, noting if one side was slightly more
Actual compliance with the judgment was taken from Schulte’s case descriptions. Past
studies of compliance show that a country’s response is best viewed not as a dichotomous
However, such a measure is of course not conducive to a research endeavor such as the one at
hand. As Paulson did in his studies of compliance, this paper includes a third option of “medium
compliance” between “high compliance” and “low compliance” in order to balance these two
extremes. The highest valuation was assigned to countries who immediately moved to comply
fully with the judgment, and whose compliance was eventually fully achieved. The “medium
compliance” level was assigned to countries that publicly stated their acceptance of the court’s
judgment, but whose compliance was not fully achieved in a timely manner, due to either to
problems of implementation or internal hesitance on the state’s part. Finally, the lowest
compliance rating was assigned to countries that explicitly rejected the validity of the decision
and/or made no efforts to comply with its terms. The compliance assessments for each of the
Compliance
Case Loser
level
Rights of Nationals of the USA in Morocco France (USA) High
Ambatielos UK High
Minquiers and Ecrehos France High
Sovereignty over Certain Frontier Land Netherlands High
Denmark,
North Sea Continental Shelf High
Netherlands
Fisheries Jurisdiction Iceland Low
Delimitation of the Maritime Boundary in the Gulf of
US, Canada High
Maine Area
Military and Paramilitary Activities in and against
US Low
Nicaragua
Land, Island, and Maritime Frontier Dispute El Salvador Medium
Denmark
Maritime Delimitation Greenland and Jan Mayen High
(Norway)
Gabcikovo-Nagymaros Project Hungary Medium
Kasikili/Sedudu Island Namibia High
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LaGrand US Medium
Arrest Warrant of 11 April 2000 Belgium High
Table 2: Compliance by losing states
Finally, the leader’s responses through publicly issued statements and other expressions
of the country’s opinion of the court were collected and measured. Whenever possible, these data
were gathered through news reports that were published at the time of the dispute. This task was
much more easily accomplished in recent cases, as the role of the international press has
increased and been facilitated by increased technological exchanges. When news reports
containing a leader’s remarks were not available, papers written on the dispute and the court’s
decision in the years surrounding the cases were referenced. This endeavor was limited in some
respects by language barriers; coverage in English-language press often hinged on the publishing
country’s interest in the countries involved in the dispute, and research did not extend to any
The country’s official response has been assessed as either positive or negative in each
case, for the purposes of simplification of measures. However, additional notes have been
included and abbreviated case studies have also been produced in order to more fully
Compliance
Case Attitude of leader
level
Rights of Nationals of the USA in Morocco High Support of court
Ambatielos High Support of court
Minquiers and Ecrehos High Support of court
Sovereignty over Certain Frontier Land High Support of court
North Sea Continental Shelf High Support of court
Rejection of court’s
Fisheries Jurisdiction Low
legitimacy
Delimitation of the Maritime Boundary in the Gulf of
High Support of court
Maine Area
Military and Paramilitary Activities in and against Hostile to all
Low
Nicaragua International actions
Bratic 22
1. Rights of Nationals of the United States of America in Morocco: This case concerned
itself with the special privileges claimed for American citizens in Morocco, which was still
controlled by France at the time, as part of extended consular jurisdiction established by the
United States. Also at issue were certain economic policies of France that seemed to unfairly
advantage French citizens over American ones. The two countries had unsuccessfully attempted
to negotiate a settlement, and France filed unilaterally before the ICJ to attempt a diplomatic
resolution. The United States never objected to the application to the Court. Although the United
States initially filed a series of objections to the merits of the case, it demonstrated a deep-seated
respect for the court’s judgment by withdrawing these objections once the court had rejected
them procedurally.35 The United States executive branch engaged in favorable court rhetoric36
and took action domestically to soften the initially harsh reactions favored by the US Senate.37
France, for its part, tread lightly and tried to present itself as an advocate for Morocco rather than
as an independent party objecting directly to American actions, both fearing damage to relations
34
Much of the background material is taken from the case summaries presented by Schulte in Compliance with
Decisions of the International Court of Justice. Does this need a full citation?
35
Bin Cheng, Bin. 1953. Rights of United States Nationals in the French Zone of Morocco,. 2 (3) The International
and Comparative Law Quarterly. 2 (3): 354–367 (1953).
36
US Counter-memorial, ICJ Pleadings, Rights of Nationals of the United States of America in Morocco. “judicial
settlement will not only promote a just decision satisfactory for both parties, but will also contribute to the
development of the tradition of law and order of which both the United States and France desire to promote” I think
this should be included in the paper and a citation placed here.
37
Richard Young, Richard. 1957. The End of American Consular Jurisdiction in Morocco,.51 (2) The American
Journal of International Law. 51 (2): 402–406 (1957).
Bratic 23
with the United States38 and remaining wary of stirring up pro-independence sentiments in its
African colonies.39,40 Compliance with the court’s final judgment, which found fault in both of
2. Ambatielos: At issue was whether or not the United Kingdom was obligated to submit
a dispute between its government and a Greek national to arbitration. After the ICJ ruled that
arbitration must proceed, the UK ended its objections and immediately complied. Although the
UK filed objections to the court’s jurisdiction and claimed non-exhaustion of domestic remedies,
the case remained a focus of the government alone.41 As the complaint was against the actions of
the government itself and did not concern territory or rights which might have an impact on
domestic interests, this confinement of scope was easy to achieve. The lack of British domestic
investment in the dispute meant that the British government could confine its focus to legal
Kingdom and France agreed to submit to the ICJ a dispute over fishing rights on islands in the
British Channel. The court’s ruling, assigning exclusive rights to the UK, was in many ways
redundant, since the parties continued negotiating during the proceedings and independently
reached an agreement between submission of the case and the issuance of the court’s decision.
Although the conflict in this state was longstanding, relations between the two states were
excellent; the dispute was never presented nor interpreted as a diplomatic conflict between the
38
Kurt H. Nadelmann, Kurt H. Reprisals against American Judgments? 65 (7) Harvard Law Review.65 (7): 1184–
1191 (Year?).
39
U.S. Test With France in Morocco Comes to Hearing in World Court; Washington and Paris, in Open Sessions at
The Hague, Will Both Try to Avoid Roiling North African Feelings, . THE NEW YORK TIMES, July 13, 1952. The New
York Times.
40
Paris Says U.S. Hurts Moroccan Interests. , THE NEW YORK TIMES, July 17, 1952. The New York Times.
41
D. H. N. Johnson, D. H. N. 1956. The Ambatielos Case,. 19 (5) The Modern Law Review. 19 (5): 510–517
(1956).
42
World Court Gets 34-Year Ship Case; Greek Buyer Of 1919 Surplus Vessels Is Backed By Athens In His Suit
Against Britain,. THE NEW YORK TIMES, March 31, 1953. The New York Times., at 19.
Bratic 24
two nations but rather, was seen as an attempt to resolve the disagreements between individual
fishermen of each country. It was a “purely local problem,” as Schultz said, and the UK itself
referred to the islands in contention as “only a few rocks.”43 The French concurred, saying they
had “no risk to wish difficulties with Britain ‘just for the sake of two islands.’”44 Referral to the
ICJ represented not an escalation, but another procedural path working toward inevitable final
resolution.45
4. Sovereignty over Certain Frontier Land: The dispute between the Netherlands and
Belgium over a shared border was, like the Minquiers and Ecrehos case, one in which local
emotions dominated.46 Tensions were even higher between the locals living at the border of these
two nations, spilling into the greater political discourse and threatening the planned furtherance
of economic relations between the two states. Although many domestically acted “as though vital
national interests were at stake,”47 in the merits of the case the dispute was frequently described
as “ridiculous.”48 The court ruled overwhelmingly in Belgium’s favor, and full compliance was
5. North Sea Continental Shelf: Germany faced Denmark and the Netherlands in two
individual disputes over a shared maritime boundary. In the course of delimitation of the
boundary between the three countries, the criteria for measurement became an issue. The court
43
Papal Monition On Piracy :To Bolster Claim to Oyster-Beds,. THE MANCHESTER GUARDIAN, September 17, 1953.
The Manchester Guardian.
44
Royal Appetites For Channel Islets: French Case at The Hague,. THE MANCHESTER GUARDIAN, September 29, 1953.
The Manchester Guardian.
45
D. H. N. Johnson, D. H. N. 1954. The Minquiers and Ecrehos Case,. 3 (2) The International and Comparative
Law Quarterly. 3 (2): 189–216 (1954).
46
“It was a situation which received little national, but great local, attention, and it had to be solved quickly.”
Schultz.
47
Walter H Waggoner, Walter H. August 10, 1957. A Tax-Free Enclave of 30 Acres Contested by Belgians and
Dutch; Question of ‘Monarchy’ Status Is Slated to Be Argued. Before Hague Tribunal. THE NEW YORK TIMES,.
August 10, 1957, at 3.
48
Verzijl, J. H. W. 1966. The jurisprudence of the World Court, A Case by Case Commentary, Vol. 2 (The
International Court of Justice). Leyden.
Bratic 25
was thus asked to decide the applicable formula under international law rather than judging a
need for demarcation or the actual line to be followed. The case was characterized by a strong
“common desire of the parties to settle the dispute and have the disputed principles clarified by
the court. The matter was of important, though not vital, interest,” according to Schulte. All sides
supported the decision to call upon the court, believing it to be a useful tool in resolving a
procedural roadblock in negotiations.49 After the court agreed with Germany that the originally
proposed criteria were unfair, Denmark and the Netherlands easily accepted the ruling and
6. Fisheries Jurisdiction: The Fisheries Jurisdiction cases, between the United Kingdom,
Iceland, and the Federal Republic of Germany, are marked by a very different attitude in public
politics from that seen in the cases that preceded it. In a series of conflicts that became known as
the “cod wars,” 50 Iceland withdrew from fishing treaties established with the UK and the FRG,
extending exclusive fishing rights in shared waters. Iceland refused to participate in any of the
proceedings, objecting to the court’s jurisdiction despite prior treaty agreements. When the ICJ
ruled that Iceland’s actions were illegal, the state responded with predictable continued
disinterest, completely ignoring the judgment and at times actively defying it. The Fisheries
Jurisdiction case is puzzling to those who accept traditional compliance theory because it
“presents the unusual circumstance of non-compliance by a state that was without doubt in
general committed to rule of law and democracy.”51 However, Iceland’s hostile rhetoric
foreshadowed dangers from the start. Members of the newly-elected Icelandic government
49
Friedmann, Wolfgang. 1970. The North Sea Continental Shelf Cases — A Critique. The American Journal of
International Law. 64 (2): 229–240.
50
Now, the Cod Peace. June 14, 1976. Time. 37.
51
Schulte p. 156.
Bratic 26
repeatedly referred to the dispute as being a “matter of life or death” 52 for the country, and
encouraged passage of laws referring to the need for “exceptional measures” to benefit
conservation needs.53 As the dispute with the UK and the FRG escalated, the Icelandic
government continued to pass numerous laws supporting its position — far more than were
necessary to enshrine its views. Although the practice was carried out by a new government, it
fell into a longstanding tradition of successive administrations trying to outdo their predecessors
in the protection and promotion of the Icelandic fishing industry.54 Compliance in this case was
disagreement over the maritime boundary, heightened by the high investment of fishers in both
countries, the United States and Canada agreed to jointly submit a matter of overlapping
jurisdictional claims to the ICJ. The court was given the authority to decide the boundary in the
case, and it ultimately determined that the boundary lied perfectly evenly between the two
claims. This equitable division followed the pattern of amicable relations that was sustained
throughout the proceedings. The two states both faced pressure from domestic fishing lobbies,55
so “submission to the Court was a way for domestic politicians to have the matter settled without
having to bear the political responsibility for the result and to face the reproach of their
constituents.”56 Although negotiations had been attempted many times before, their ultimate
success was seen as unlikely, and most agreed that additional measures would be needed to
52
Comment by Icelandic Foreign minister Einar Agustsson, as quoted in The High Seas: The War for Cod.
December 29, 1975. Time.
53
Evans, Alona E. 1975. Fisheries Jurisdiction Case (United Kingdom v. Iceland). ICJ Reports, 1974, p. 3. The
American Journal of International Law. 69 (1): 154–174.
54
Churchill, R. R. 1975. The Fisheries Jurisdiction Cases: The Contribution of the International Court of Justice to
the Debate on Coastal States’ Fishery Rights. The International and Comparative Law Quarterly. 24 (1): 82–105.
55
Knight, Michael. July 5, 1979. U.S.–Canada Treaty Faces Senate Fight; Domestic Fishermen Oppose Pact Setting
Boundaries Off Maine — Some Senators Listen Opposed by Booming Industry Denounced by Pell Regulation and
Quotas Retaliatory Bars. The New York Times. A12.
56
Schulte p. 174.
Bratic 27
resolve the issue. In referring the matter to the ICJ, both states made efforts to ramp up the
themselves in the process57 and making a joint submission. When the verdict was reached, both
states offered full and immediate compliance. No subsequent conflict has arisen on the issue.
8. Military and Paramilitary Activities in and against Nicaragua: This case between the
United States and Nicaragua is legendary for the complete defiance of the court displayed by the
United States, which some worried would pose challenges to the ICJ’s legitimacy for decades
afterwards. (Fortunately, the US’s behavior seems to have had no such effect.) Nicaragua applied
unilaterally to the ICJ in response to a series of suspicious behaviors conducted by the United
States, which Nicaragua charged as attempts to overthrow its government and clear violations of
international laws against interference in other states’ politics. The US flatly denied all such
charged, and objected further by rejecting the court’s jurisdiction and legitimacy, refusing to
participate in the proceedings,58 directly flouting the judgment set against it, and ultimately
withdrawing from the court’s compulsory jurisdiction. From the outset, the American response
was suspect: the Reagan administration responded to the Nicaraguan filing not with a
counterclaim, but with a declaration of a state of national emergency and a series of harsh
retaliatory sanctions against Nicaragua.59 In addition to these sanctions, Reagan also ordered an
escalation of the very military efforts to which Nicaragua had filed objections.60 The Reagan
administration made it very clear that they viewed the court as an impediment to their goals of
military and political coercion in Nicaragua, and even US ambassador to the United Nations
57
Around the World; Senate Approves Treaty On Sea Border With Canada. April 30, 1981. REUTERS.
58
United States decides not to participate in World Court case initiated by Nicaragua. 1985. UN Chronicle. 22
(2).
59
Taylor, Stuart. Reagan’s Power Wide under Emergency Law. May 2, 1985. The New York Times.
60
Ibid.
Bratic 28
Jeane Kirkpatrick dismissed the court as a “semi-legal” body that did not deserve full respect.61
After the ICJ ruled that the US’s behavior violated international law and ordered that it pay
reparations to Nicaragua, the United States continued its defiance, refusing to comply and
repeatedly using its veto position on the UN’s Security Council to block any attempts to force
compliance.
9. Land, Island, and Maritime Frontier Dispute: For decades, El Salvador and Honduras
found themselves locked in a dispute over a land boundary that dated back to colonial times. The
conflict, which was marked by occasional violence by citizens and even full-scale military
involvement, was called the “soccer wars” when it turned bad. 62 Although negotiations had
continued on and off for decades, it was not until Nicaragua intervened in the matter that the case
came before the ICJ. Both states were publically supportive of the court’s jurisdiction, though
they disagreed on the exact issues to be examined. While the ICJ proceedings continued without
hiccups, the case maintained a highly political nature for a number of reasons. To begin with, the
area in question was populated by thousands of farmers who had strong views on their national
allegiance.63 Furthermore, both countries were led by recently-elected presidents who were
motivated primarily to find early boosts to their reputations — in fact, when a verdict was issued,
the El Salvadorean president immediately seized upon the chance to champion his peaceful
resolution of an enduring dispute. Finally, El Salvador and Honduras were at the time embroiled
in a number of other disputes with one another, so it was difficult to refrain from contributing to
a perceived linkage between the many issues.64 The court’s ruling did not fall completely evenly
on both parties — Honduras received two-thirds of the disputed land and El Salvador was
61
Taylor, Stuart. Nicaragua Tells World Court that Reagan’s statements convict the US. May 7, 1985. The New
York Times.
62
A Win in the World Court. October 6, 1992. The New York Times.
63
Ibid.
64
Excerpts from Latin Leaders’ Agreement. December 13, 1989. The New York Times.
Bratic 29
assigned one-third — yet both parties were hesitant to offer full compliance. Both states dragged
their feet in compliance, citing obstacles of practicality and cost and accusing the other of
noncompliance. However, the ruling was never explicitly rejected or defied by either state, with
both choosing instead to attempt to portray their own state as the sole compliant party.
10. Maritime delimitation: Greenland and Jan Mayen: Norway and Denmark’s case
before the ICJ concerned a twenty-year-old dispute over continental shelf boundaries and fishing
rights in the area around Greenland. In extending exclusive fishery zones between two
their coastal citizens on the fishing trade. Denmark appealed unilaterally to the court after
bilateral negotiations proved fruitless. Although Norway never objected to the court’s
jurisdiction in the case, it expressed hesitance over any possible attempt by the court to draw
national boundaries. However, the court did indeed decide to do so, slightly to Norway’s favor.
From the start of proceedings, both parties expressed strong respect from the court. Since the
islands in contention were uninhabited, there was little risk of stoking local emotions.65 Strong
relations between the countries contributed to what was widely seen as an amicable case that
stayed out of public political rhetoric, and after the judgment was issued, the parties continued to
Czechoslovakia — which later became Slovakia — to construct locks on the Danube that would
Hungary to the project became overwhelming. Hungary decided to unilaterally abandon its
portion of the project, leaving Slovakia with a partially-completed structure and a defunct
65
Charney, Jonathan I. 1994. Maritime Delimitation in the Area between Greenland and Jan Mayen. The American
Journal of International Law. 88 (1): 105–109.
Bratic 30
agreement. Under intense pressure from the European Community, to which both countries
aspired for membership, Hungary and Slovakia jointly submitted the matter to the ICJ.66 When
speaking to or in reference to the European Community, both countries made themselves appear
supportive of the court’s role. However, a different picture was painted domestically. In many
ways, the dispute between ecologists and engineers became a stand between Communism and
issue demanded by Hungarian protestors became thus a test of the success of democratic
government in the state,68 while the dam project itself represented the faulty ways of old
their perspective,70 and took to the international press to plead their cause.71 Although leaders of
both countries later backed down from these extremist perspectives,72 the citizenry remained
polarized.73 When the court ruled that Hungary (and, to a lesser extent, Slovakia) had acted
improperly and sent them back to negotiations, leaders in both countries found it difficult to
reign in a riled up domestic political audience to support the issuance of any concessions.
12. Kasikili/Sedudu: The young democracies of Botswana and Namibia were given a
chance to prove their commitment to international legal principles in the case of disputed control
over an island. The two states were fortunate in their condition, which was marked by much
common ground: the states agreed both on the applicable treaty and on the interpretation of its
66
Palmer, John. April 8, 1993. Hungary and Slovakia agree to take dam row to world court. The Guardian. 12.
67
Thorpe, Nick. April 11, 1993. On the Danube's banks, villages dry up: Asvanyraro. The Observer. 20.
68
Bohlen, Celestine. December 5, 1990. GABCIKOVO JOURNAL; On The Danube, Unbuilt Dams But Pent-Up
Anger. The New York Times.
69
Hungary Moves to Abandon Dam Project on the Danube. May 13, 1989. AP.
70
Still available at www.gabcikovo.gov.sk/tlac.htm#googtrans/sk/en 21 April 2010
71
Hungary Participates In Danube Project. November 21, 1992. The New York Times.
72
Hungarians Ease Stand Over Dam. August 29, 1991. The New York Times.
73
Accord Signed to Dam Danube; Protest Rally Is Held in Budapest. March 1, 1998. The New York Times.
Bratic 31
language; however, they disagreed over which branch of the river that acted as a dividing line
between the two territories was considered its main (and thus relevant) branch. The leaders of the
two countries, while maintaining strong relations, called upon a third party, Zimbabwe, to
mediate. The matter was jointly submitted to the ICJ, and the court was asked to definitively
determine the boundary. The states’ investment in the island arose from its potential as a tourist
destination. The island was uninhabited, and therefore locals had no investment in the outcome
of the decision. The case was decided on mostly scientific grounds, with each country calling
upon expert witnesses and scientific data rather than political rhetoric to make its case.74 Based
on this evidence, the court ruled that the island was under Botswana’s jurisdiction, and Namibia
13. LaGrand: After facing down the court in 1987 in proceedings initiated by Nicaragua,
the United States had a chance to redeem itself in the LaGrand case. The dispute was brought to
the ICJ unilaterally by Germany, which alleged violation of the Vienna Convention on Consular
Relations in the case of two of its citizens, who were sentenced to death in the US without being
informed of their rights to consular support as foreign citizens. The United States noted from the
outset that its federal structure posed particular obstacles to the case — the death sentence was
issued by an Arizona court, not a federal one — yet never contested either the court’s jurisdiction
or the fact that a treaty breach did indeed occur. In fact, the US appeared ashamed of this
violation, and had taken public steps such as the distribution of pamphlets emphasizing the
guideline before the case was even brought before the ICJ. Germany filed its case immediately
before the two defendants were set to be executed; although the court issued an interim measure
of protection ordering the US to stay the executions, it was not honored. 75 Germany and the rest
74
Alexander, W. J. R. 1999. Science, history and the Kasikili Island dispute. South African Journal of Science. 95
(8): 321–325.
75
Cohen, Roger. March 5, 1999. U.S. Execution of German Stirs Anger. The New York Times.
Bratic 32
of Europe were outraged by this move. Although it was not explicitly considered by the court,
the legality of the death penalty in the United States added to the polarizing nature of the case in
Europe. The court ruled against the US after proceedings in which the US fully and productively
participated, and ordered the state to pay reparations, conduct a full review of the case, and take
actions in order to prevent future breaches. Although the US has since made great efforts to
improve conduct in the future, it has neither paid reparations nor conducted a review of the case
to see if the omission of informing the defendants of their consular rights would have affected
the outcome of the case.76 In fact, the judgment has largely been ignored, neither complied with
nor defied. This may stem both from the federal structure of the US judicial system, cited early
on, and the timing of the judgment, which was issued just months before September 11, 2001. 77
Caught up in other international matters, the US seems to have made an error in omission by
14. Arrest warrant of 11 April 2000: Following the passage of a controversial and
revolutionary new law, Belgium claimed jurisdiction to prosecute those who committed
international war crimes in its domestic courts. One of the country’s first targets was the
Congolese foreign minister, Abdoulaye Yerodia Ndombasi, who was charged with genocide
crimes perpetrated privately before he took office. However, Congo — and much of the
of current government leaders. The DRC applied unilaterally to the ICJ, and the court ruled that
Belgium must withdraw the arrest warrant and suspend any prosecutions until after the foreign
minister’s term of office ended. The ruling was a windfall to Belgium, which complied
immediately and fully; leaders had been searching for an excuse to distance the country from the
76
Paulson.
77
Mennecke, Martin and Christian J. Tams. 2002. Lagrand Case (Germany v United States of America). The
International and Comparative Law Quarterly. 51 (2): 449–455.
Bratic 33
radical new law since its passage. The law was passed by the Belgian parliament, but it was
criticized by members of the Belgian executive. After courts were immediately inundated with
claims from around the world, many began to rethink the law.78 Foreign minister Louis Michel
decried the law as opportunistic, and many others were embarrassed by the image of Belgium
that was presented by the law.79 As leaders quickly found out, the law also posed problems for
international relations. Firstly, states whose leaders were accused in Belgian courts took
particular offense; the Belgium foreign ministry had to work overtime to repair relations with the
DRC after the arrest warrant in this case was issued, and worked to publicly reiterate the
Additionally, Belgian leaders faced external pressure from the US and other allies who were
concerned about the extended jurisdiction that the law asserted to curtail the scope of the law or
eliminate it entirely.81 The ruling thus gave Belgian leaders the perfect opportunity to abandon
the law without distancing themselves from the lofty human rights ideals that had initially
X. Conclusion
These case studies reveal that the majority of cases fall into a particular patter of leader
behavior which has a determining outcome on compliance in the case. To begin with, it is
evident such cases as Fisheries Jurisdiction, Military and Paramilitary Activities in and around
Nicaragua, and Gabcikovo/Nagymaros project that the way in which the executive engaged with
the issue as a political project increased the overall polarity of the dispute. In these cases, the
associated low compliance levels that resulted indicate a correlation between this politically-
78
Simons, Marlise. December 27, 2001. Human Rights Cases Begin to Flood Into Belgian Courts. The New York
Times.
79
Belgium bans Sharon war crimes trial. June 26, 2002. BBC.
80
Belgium’s diplomatic storm with Congo. July 11, 2000. BBC.
81
Bernstein, Richard. April 1, 2003. Belgium Rethinks Its Prosecutorial Zeal. The New York Times.
Bratic 34
tinged rhetoric and compliant behavior. However, it is clear that an issue’s domestic salience
need not imply this correlation with low compliance; in other cases, the steps taken by leaders to
actively distance themselves from the political drama within their countries and increase the
perception of the court’s authority were correlated instead with high compliance rates. Cases
expressing this position include Rights of Nationals of the United States of America in Morocco,
Sovereignty over Certain Frontier Land, and Arrest Warrant of 11 April 2000.
From these case histories, it is clear that the correlations described in both of the
hypotheses hold true. However, this relationship does not definitively determine causality,
leaving open the possibility that an unconsidered factor influencing compliance would inform
leaders, encouraging them to shift their rhetoric in order to align with the country’s future
position. Such a factor, however, would have to be discernible to the leaders themselves, and a
In addition to the two conditions described in the hypotheses, a third pattern was
observed: one of complete detachment of political rhetoric from court proceedings. In these cases
— such as Ambatielos, Maritime Delimitation Greenland and Jan Mayen, and Kasikili/Sedudu
Island — there was virtually no investment of the domestic population in the issue. In these
cases, leaders had no motivation either to lend support or attempt to counteract the emotions of a
domestic constituency. In these specific cases, leaders felt a natural desire to resolve the issue
and comply with international law — a product of internalization of norms, if not fear of
international retribution. However, the leaders had no need to justify these desires to their
electorates. Equally, actions expressing hesitance to invest in the court would have been
unfounded.
Bratic 35
It appears to be the case, then, that the inconsistent compliance record observed in
democracies in ICJ cases is a result of a democratic leader’s unique relationship with his
electorate, one that is not shared with the leader’s autocratic counterparts. The risk of retributive
electoral effects force a leader’s rhetoric to align with the state’s behavior in response to court
rulings, either by counteracting local emotions to support compliance with international law or
This correlation has important implications for those who study world courts as well as
for the courts themselves. If a democratic state’s behavior is capable of prediction before a ruling
is issued, the international community may be able to tailor their responses in order to find the
most accessible solution for the country, one that may possible allow a leader in a politicized
situation to save electoral face. In other cases, the international community can rest assured that
From a scholarly perspective, this finding allows us to reconcile the disparate pictures
that had previously been painted of compliance theory in general and compliance specific to ICJ
judgments. The integration of these two theoretical backgrounds contributes to a more complete
Works Cited:
A Win in the World Court. October 6, 1992. The New York Times.
Accord Signed to Dam Danube; Protest Rally Is Held in Budapest. March 1, 1998. The New
York Times.
Alexander, W. J. R. 1999. Science, history and the Kasikili Island dispute. South African Journal
of Science. 95 (8): 321–325.
Allee, Todd L. and Paul K Huth. 2006. Legitimizing Dispute Settlement: International Legal
Rulings as Domestic Political Cover. American Political Science Review. 100(2): 219–234.
Around the World; Senate Approves Treaty On Sea Border With Canada. April 30, 1981.
REUTERS.
Axelrod, Robert. 1986. An Evolutionary Approach to Norms. American Political Science
Review. 80 (4): 1095–1111.
Belgium bans Sharon war crimes trial. June 26, 2002. BBC.
Belgium’s diplomatic storm with Congo. July 11, 2000. BBC.
Bernstein, Richard. April 1, 2003. Belgium Rethinks Its Prosecutorial Zeal. The New York Times.
Bohlen, Celestine. December 5, 1990. GABCIKOVO JOURNAL; On The Danube, Unbuilt
Dams But Pent-Up Anger. The New York Times.
Burgstaller, Markus. 2007. Amenities and Pitfalls of a Reputational Theory of Compliance with
International Law. Nordic Journal of International Law. 76: 39-71.
Charney, Jonathan I. 1994. Maritime Delimitation in the Area between Greenland and Jan
Mayen. The American Journal of International Law. 88 (1): 105–109.
Chayes, Abram and Antonia Chayes. 1993. On Compliance. International Organization. 47
(Spring): 175–205.
Cheng, Bin. 1953. Rights of United States Nationals in the French Zone of Morocco. The
International and Comparative Law Quarterly. 2 (3): 354–367.
Churchill, R. R. 1975. The Fisheries Jurisdiction Cases: The Contribution of the International
Court of Justice to the Debate on Coastal States’ Fishery Rights. The International and
Comparative Law Quarterly. 24 (1): 82–105.
Cohen, Roger. March 5, 1999. U.S. Execution of German Stirs Anger. The New York Times.
Colaresi, Michael. 2004. When Doves Cry: International Rivalry, Unreciprocated Cooperation,
and Leadership Turnover. American Journal of Political Science. 48(3): 555–570.
Dai, Xinyuan. 2006. The Conditional Nature of Democratic Compliance. Journal of Conflict
Resolution. 50 (October): 1–24.
Bratic 37
Downs, George W., David M. Rocke, and Peter N. Barsoom.1996. Is the Good News About
Compliance Good News About Cooperation? International Organization. 50(3): 379-406.
Evans, Alona E. 1975. Fisheries Jurisdiction Case (United Kingdom v. Iceland). ICJ Reports,
1974, p. 3. The American Journal of International Law. 69 (1): 154–174.
Excerpts from Latin Leaders’ Agreement. December 13, 1989. The New York Times.
Fearon, James D. 1998. Bargaining, Enforcement, and International Cooperation. International
Organization. 52 (2): 269-305.
Fearon, James D. 1994. Domestic Political Audiences and the Escalation of International
Disputes. The American Political Science Review. 88 (3). 577–592.
Finnemore, Martha and Sikkink, Kathryn. 1998. International Norm Dynamics and Political
Change. International Organization 52 (4):887–917.
Friedmann, Wolfgang. 1970. The North Sea Continental Shelf Cases — A Critique. The
American Journal of International Law. 64 (2): 229–240.
Guzman, Andrew. 2002. A Compliance-Based Theory of International Law. California Law
Review. 90 (6): 1823-1887.
Hungarians Ease Stand Over Dam. August 29, 1991. The New York Times.
Hungary Moves to Abandon Dam Project on the Danube. May 13, 1989. AP.
Hungary Participates In Danube Project. November 21, 1992. The New York Times.
Johnson, D. H. N. 1956. The Ambatielos Case. The Modern Law Review. 19 (5): 510–517.
Johnson, D. H. N. 1954. The Minquiers and Ecrehos Case. The International and Comparative
Law Quarterly. 3 (2): 189–216.
Kelley, Judith. 2007. Who Keeps International Commitments and Why? The International
Criminal Court and Bilateral Nonsurrender Agreements. American Political Science Review.
101 (3): 573–589.
Knight, Michael. July 5, 1979. U.S.–Canada Treaty Faces Senate Fight; Domestic Fishermen
Oppose Pact Setting Boundaries Off Maine — Some Senators Listen Opposed by Booming
Industry Denounced by Pell Regulation and Quotas Retaliatory Bars. The New York Times.
A12.
Leeds, Brett Ashley. 2003. Alliance Reliability in Times of War: Explaining State Decisions to
Violate Treaties. International Organization 57(4): 801–827.
List of All Cases. International Court of Justice. www.icj-cij.org/docket/index.php?p1=3&p2=2.
22 April 2010.
Llamzon, Aloysius. 2008. Jurisdiction and Compliance in Recent Decisions of the International
Court of Justice. The European Journal of International Law. 18 (5) 815–853.
Marshall, M. G. and K. Jaggers. 2004. Polity IV Project: Political Regime Characteristics and
Transitions, 1800–2002. University of Maryland, College Park.
Mitchell, Sarah McLaughlin and Paul R. Hensel. 2007. International Institutions and
Compliance with Agreements. American Journal of Political Science. 51 (4): 721–737.
Mennecke, Martin and Christian J. Tams. 2002. Lagrand Case (Germany v United States of
America). The International and Comparative Law Quarterly. 51 (2): 449–455.
Morrow, James D. 2007. When Do States Follow the Laws of War? American Political Science
Review. 101 (3): 559–589.
Nadelmann, Kurt H. Reprisals against American Judgments? Harvard Law Review.65 (7): 1184–
1191.
Now, the Cod Peace. June 14, 1976. Time. 37.
Bratic 38
Palmer, John. April 8, 1993. Hungary and Slovakia agree to take dam row to world court. The
Guardian. 12.
Papal Monition On Piracy:To Bolster Claim to Oyster-Beds. September 17, 1953. The
Manchester Guardian.
Paris Says U.S. Hurts Moroccan Interests. July 17, 1952. The New York Times.
Paulson, Colter. 2004. Compliance with Final Judgments of the International Court of Justice
Since 1987. The American Journal of International Law. 98: 434-461.
Rosenne, Shabtai. The Law and Practice of the International Court, 1920-2005: Volume I: The
Court and the United Nations. Boston: Martinus Nijhoff Publishers. 2006.
Royal Appetites For Channel Islets: French Case at The Hague. September 29, 1953. The
Manchester Guardian.
Scharf, Michael. 2009. International Law in Crisis: A Qualitative Empirical Contribution to the
Compliance Debate. Cardozo Law Review. 31: 45-97.
Schulte, Constanze. 2004. Compliance with Decisions of the International Court of Justice
Oxford: Oxford University Press.
Simons, Marlise. December 27, 2001. Human Rights Cases Begin to Flood Into Belgian Courts.
The New York Times.
Splnomocnenec pre SVDGN. www.gabcikovo.gov.sk/tlac.htm#googtrans/sk/en. April 21, 2010.
Taylor, Stuart. Reagan’s Power Wide under Emergency Law. May 2, 1985. The New York Times.
Taylor, Stuart. Nicaragua Tells World Court that Reagan’s statements convict the US. May 7,
1985. The New York Times.
The High Seas: The War for Cod. December 29, 1975. Time.
Thorpe, Nick. April 11, 1993. On the Danube's banks, villages dry up: Asvanyraro. The
Observer. 20.
United States decides not to participate in World Court case initiated by Nicaragua. 1985. UN
Chronicle. 22 (2).
U.S. Test With France in Morocco Comes to Hearing in World Court; Washington and Paris, in
Open Sessions at The Hague, Will Both Try to Avoid Roiling North African Feelings. July
13, 1952. The New York Times.
US Counter-memorial, ICJ Pleadings, Rights of Nationals of the United States of America in
Morocco.
Verzijl, J. H. W. 1966. The jurisprudence of the World Court, A Case by Case Commentary,
Vol. 2 (The International Court of Justice). Leyden.
Waggoner, Walter H. August 10, 1957. A Tax-Free Enclave of 30 Acres Contested by Belgians
and Dutch; Question of ‘Monarchy’ Status Is Slated to Be Argued. Before Hague Tribunal.
The New York Times. 3.
World Court Gets 34-Year Ship Case; Greek Buyer Of 1919 Surplus Vessels Is Backed By
Athens In His Suit Against Britain. March 31, 1953. The New York Times. 19.
Young, Richard. 1957. The End of American Consular Jurisdiction in Morocco. The American
Journal of International Law. 51 (2): 402–406.