Noncompliance and the International Rule of Law

Jacob Cogan

Journal: Yale Journal of International Law

Volume: 31

First Page: 189

Year: 2006

Bluebook Citation: 31 YALE J. INT'L L. 189 (2006)

Author: Jacob Katz Cogan: all 4 publications


Abstract

We treat noncompliance with disdain, and for good reason. After all, what does it mean to be a law if violation is permitted? And what does it mean to be a legal system if disobedience is tolerated? This contempt for noncompliance is such that we scorn the legal system that fails to uphold its own rules.

And just as we are conditioned to treat ineffective legal systems with disdain, so too do we condemn individual acts of noncompliance.

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