국제의무의 이행확보

Implementation of International Obligations - Human Rights, WTO and Environmental Issues -

Domestic law and international law differ in their methods of implementation. Third party dispute settlement system, like domestic law, is not available in international law. Only collective mandatory sanctions under the U.N. Chater Chapter Ⅶ and individual sanctions by individual states are available. Collective sanctions by the U.N. Security Council, however, may affect the health and lives of the sanctioned states negatively. Therefore, it is argued that collective sanctions are not limitless. Various mechanism to promote compliance with international law before its violation actually occurs is essential. International human rights law, WTO and international environmental law adopt specific measures to promote the implementation of the norms. Compliance with international human rights law is based on voluntary cooperation from states. Reciprocity between states is not applied in human rights treaties. WTO panel decisions may be enforced by applicant's retaliation, reflecting reciprocity in WTO disputes. Obligations arising from international environmental law is not based on reciprocity, which is similar to those of international human rights law. Contracting parties are not allowed to refuse to comply with international obligations to enforce international obligations of other contracting parties. International environmental law has adopted a mechanism of encouraging cooperations among states. It would be necessary, to promote compliance with international norm, to have a mechanism to prevent non-compliance from states before it occurs. Further, norm internalization within states should be encouraged, which is beneficial not only to them but also to international community.