Law and the world order
Robert Walker
Chapter 6 in Is China Right?, 2026, pp 71-83 from Edward Elgar Publishing
Abstract:
International law is based on consent. Variously created through custom, treaties or conventions, it is typically precisely defined to be judiciable, with dispute settlement typically available if contested. Enforcement is often based on mutual self-interest, but informal systems exist that are more reliant on processes of acculturation and shaming. Formal enforcement, as through rulings of international courts, is still based on consent, with only the UN Security Council empowered to act in the absence of consent from all parties. While law is necessary to protect the weakest; powerful countries, notably the US, have frequently avoided legal sanction by not ratifying or withdrawing from international agreements. They have also imposed unilateral and multilateral economic and other sanctions to enforce compliance with a set of values, the so-called ‘rules-based world order’, generally in the absence of consent from affected parties. Developing countries have been disproportionately targeted, with consistent and substantial negative welfare consequences.
Keywords: International Law; International Court of Justice; Security Council; Rules-Based World Order; Sanctions; Coercion (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035329229
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