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A strategy and framework for identifying compliance requirements under international law (with an illustration relating to international human rights norms)

Singh, Amarjit (2011) A strategy and framework for identifying compliance requirements under international law (with an illustration relating to international human rights norms). PhD thesis, The London School of Economics and Political Science (LSE).

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Abstract

This thesis addresses the issue of compliance requirements under international law. Compliance with international norms is a contested issue. On the one hand the meaning of compliance is contingent on the theory of international law one holds. But on the other hand, the requirements for compliance are not clearly set out in the norm itself. This is problematic as the increased normative impact of international law brings more non-state actors under the regulation of regimes devised to regulate state activities. Compliance is expected of non-state actors with international norms, the compliance requirements of which are not clear even for states, the intended regulatees. Also, as the reach of international law expands, international law is under threat of fragmentation This means actors must contend with competing compliance requirements further prompting a need to identify those requirements more clearly and systematically. A general scheme for identifying such compliance requirements could help improve understanding of the meaning of compliance and improve levels of compliance. I propose such a scheme by critically examining key aspects of the concept of compliance and reviewing compliance theories. The thesis then sets out a Compliance Strategy and Framework (CSF) to systematically identify compliance requirements under international law. I then provide a Compliance Framework (CF), which sets out those requirements. This scheme will of necessity be of a general nature to be adapted in application to particular issue areas of international law. I illustrate the Compliance Strategy and Framework (CSF) by adapting it to the area of human rights. Specifically I show how the CSF may be applied to identify compliance requirements with the human rights associated with participation and accountability and I extend that example with a simple illustration aimed at using the CSF to identify the World Bank’s compliance requirements in relation to those human rights in the context of a Bank project. Finally, my thesis contends that the CSF is a valid scheme, according to international law, for identifying compliance requirements with norms of international law.

Item Type: Thesis (PhD)
Additional Information: © 2011 Amarjit Singh
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Methodology
Supervisor: Chinkin, Christine and Lang, Andrew
URI: http://etheses.lse.ac.uk/id/eprint/922

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