Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-2l2gl Total loading time: 0 Render date: 2024-08-01T18:35:17.839Z Has data issue: false hasContentIssue false

4 - How should international law entitlements be protected?

Published online by Cambridge University Press:  07 July 2009

Joost Pauwelyn
Affiliation:
Graduate Institute of International Studies, Geneva
Get access

Summary

This chapter tackles the core normative question of how international entitlements ought to be protected under the second prong of this book's three-pronged framework (allocation, protection, back-up enforcement). It first explains why in domestic law, and also in international law, property protection should be the default form of protection of entitlements unless special circumstances arise (section 1). As a result, what I have called European absolutism (in favor of hard inalienability) and American voluntarism (in favor of simple liability protection) are both undesirable extremes. Subsequently, I describe the circumstances in which deviation from the default rule of property protection may be advisable, first toward stronger protection of entitlements as inalienable (section 2), second toward weaker protection of entitlements under a liability rule (section 3). Yet, for both types of deviation from the default rule of property protection, I discuss a number of important caveats: section 4 sums up elements that, where present in, for example, a specific treaty context, favor weaker protection of international law; section 5, in contrast, offers features that militate for stronger protection of international law. Chapter 4 concludes with a matrix that summarizes the criteria that treaty negotiators should consider when selecting the optimal level of protection for a new treaty or other rule of international law. Chapter 5 tests these normative predictions to the current state of protection of international law entitlements.

Type
Chapter
Information
Optimal Protection of International Law
Navigating between European Absolutism and American Voluntarism
, pp. 45 - 106
Publisher: Cambridge University Press
Print publication year: 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×