Book contents
- Adjudicating over Anarchy
- Cambridge Studies in International and Comparative Law: 195
- Adjudicating Over Anarchy
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- Abbreviations
- 1 Introduction
- Part I A Theory of International Adjudication
- 2 Law without Hierarchy
- 3 Courts without Power
- Part II A Typology of Judicial Remedies
- Part III Remedies and Compliance in International Judicial Practice
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
2 - Law without Hierarchy
Sanctions, Shared Understandings, and Compliance in Horizontal Legal Orders
from Part I - A Theory of International Adjudication
Published online by Cambridge University Press: aN Invalid Date NaN
Book contents
- Adjudicating over Anarchy
- Cambridge Studies in International and Comparative Law: 195
- Adjudicating Over Anarchy
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- Abbreviations
- 1 Introduction
- Part I A Theory of International Adjudication
- 2 Law without Hierarchy
- 3 Courts without Power
- Part II A Typology of Judicial Remedies
- Part III Remedies and Compliance in International Judicial Practice
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
Abstract: This chapter explores the dynamics of international law within a horizontal legal order, characterised by the absence of a central enforcement mechanism and the layered system of compliance that emerges. It conceptualises international law as a normative framework shaped by interactions rather than hierarchy, examining how states are induced to comply with legal norms despite the lack of centralised coercive sanctions. The chapter develops a five-layer model of compliance control, ranging from voluntary internal compliance to institutionally authorised sanctions, highlighting the interplay between internal state mechanisms, bilateral enforcement, collective responses, and institutional determinations. It examines how a horizontal normative order can operate under realist and rationalist assumptions about state behaviour, while showing that insights from behavioural theory, two-level analysis of state conduct, and constructivism enhance the understanding of state compliance with norms. International law operates by facilitating interaction, shaping expectations, and leveraging decentralised enforcement mechanisms to influence state behaviour.
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- Information
- Adjudicating over AnarchyJudicial Remedies, Compliance, and Enforcement in International Law, pp. 43 - 97Publisher: Cambridge University PressPrint publication year: 2026
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