International Legal Obligations of the States and Problem of Their Implementation

Abstract

The article explores the various possible sources of international obligations of the States and the grounds for the binding effect of international rules upon the States. It is demonstrated that the States, although being sovereign actors at the international plane, are not only becoming subject to the international rules when they express their consent, but they are bound by the rules to which their acquiescence is assumed. The latter type of rules are mostly developed within international customary law. The international legal obligations can have varying scope of the addressees and some of them override any other commitment, such as ius cogens, or may affect the whole of international community, such as erga omnes obligations. The practical relevance of the international obligations for ensuring a functioning international regime can be assessed from the perspective of compliance of the States with their commitments. It goes without saying that the international society is not an ideal place when it comes to the adherence to the rules, but the States usually adhere to the majority of their obligations. Unlike a limited number of special cases, the international institutions, both judicial and political, are not always offering the direct enforcement venues for ensuing the full compliance with the international obligations and preventing any unlawful conduct. Nonetheless, international law is widely perceived as a viable tool for regulating international relations and transactions at the international plane.