Published August 2024 | Version v1
Thesis Open

On the Nature of Sources of International Law: Social agreement and Inertia

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  • 1. University of Chicago

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Compliance with international law has been researched by many scholars, but none of literature explains with whole structure of the mechanism, just partial aspects, such as interactions, self-interests or norms, separately. However, nature of the law cannot be understood thoroughly in this incomplete manner. I argue the 'Three dimensions of sources of International Law', therefore, which sheds light on dynamics beyond the sources of international law, how the law works and why states obey the law. The most exterior dimension are the sources of the law, treaties, customary international law, general principles of law and Jus Cogens, as products of inner dimensions. The Second layer involves dynamics between states and other objects where legitimacy, between state and law, as well as elements of inter-states, political authority, social agreement, and inertia are operating. Underneath the second dimension is each state's own dimension, state's security interest, economic interest, and pursuit of state's value, which are drives that states strive for meeting within the regime of international law. This systemic framework with basic elements will offer integral understanding of international law, leading to enhanced compliance.

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MA Thesis_TaeSeok Kim_Final.pdf

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oai:uchicago.tind.io:13213

UChicago Information

Division(s)
Social Sciences Division
Department(s)
Committee on International Relations (CIR)