Legal framework of international supervision

• One of the central problems of international law concerned the supervision of obligations incumbent on States. Various procedures have emerged to induce States to observe their obligations under law. Such procedures have undergone changes with the time. Traditional approach was to allow States to use force to induce a recalcitrant State to abide by the dicates of law. The increasing abhorrence of mankind for the use of force in inter- State relations, the gradual centralization of the international legal order together with the increasing interdependence of States have necessitated the adoption of new techniques of supervision which are compatible with the new needs of the time. The emergence of the international organisations has opened the doors of new possibilities. The book discusses old and emerging techniques of supervision from a holistic point of view. Efficacy of various procedures of supervision is discussed and their strength and weakness is emphasized. The discussion has been carried on three levels. On the level of customary international law, attention is given to the evolution of various techniques of supervision and their compatibility with the modern time. An empirical investigation is conducted to classify the techniques of supervision as in the various treaties concluded between States. A detailed study of the institutionalized procedures of supervision is undertaken to appreciate the efficacy of the emerging techniques of supervision. The study concludes that the aspired goal of establishing a Rule of Law can only be achieved by nurturing the procedures of supervision where impartial Third Parties have a greater possibility to play a constructive role. 

Ämnesord

SAMHÄLLSVETENSKAP  -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law (hsv//eng)

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