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Comparative Enforcement of International Law

Edited by: Mortimer Sellers, Jorge Contesse, Ioanna Tourkochoriti

ISBN13: 9781035306381
To be Published: October 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £230.00





This comprehensive Research Handbook provides an outline of how the norms of international law are enforced and evaded by national and international authorities. Leading experts explore how international law is and ought to be enforced, in support of a more legitimate, effective, and just global order.

The authors describe how the norms of international law are enforced by national and international tribunals and authorities. They consider the enforcement of human rights law, the law of armed conflict, international criminal law, international environmental law, international economic law, and the law of the sea across jurisdictions, drawing on case studies from Asia, Africa, Europe, and North and South America.

The book is a crucial resource for scholars and students of international law, environmental law, and comparative law. It will be a valuable resource for legal practitioners, policymakers, and social activists.

Subjects:
Comparative Law
Contents:
Introduction: Comparative Enforcement of International Law 1
Jorge Contesse, Mortimer Sellers and Ioanna Tourkochoriti

PART I. COMPARATIVE ENFORCEMENT OF INTERNATIONAL HUMAN RIGHTS LAW
1. Complexity and challenges of enforcement of human rights law in Europe 11
Laurence Burgorgue-Larsen
2. Enforcement of human rights law: Latin America 33
Christina Binder
3. Enforcement of international human rights law in Africa 55
Micha Wiebusch
4. Enforcement of international human rights law in India: is the Supreme Court taking cue from the executive? 78
Ashleigh Barnes and Surya Deva
5. Enforcing international human rights law against corporations 99
Barnali Choudhury
6. Private pathways for enforcing international law 122
Kish Parella

PART II. COMPARATIVE ENFORCEMENT OF THE LAW OF WAR
7. The enforcement of international humanitarian law in Latin America 142
Pablo Kalmanovitz
8. The contribution of the ad hoc criminal tribunals to the enforcement and development of international humanitarian and criminal law 160
Raymond Murphy

PART III. COMPARATIVE ENFORCEMENT OF INTERNATIONAL CRIMINAL LAW
9. The enforcement of ICC sentences of imprisonment: a complex comparative evaluation 175
Róisín Mulgrew
10. Domestic enforcement of international criminal law in Latin America 199
Catalina Fernández Carter
11. Enforcement of international criminal law in the United States 234
Milena Sterio

PART IV. COMPARATIVE ENFORCEMENT OF INTERNATIONAL ECONOMIC LAW
12. The U.S. enforcement of international economic law: comparing the international trade and transnational anti-bribery regimes 256
Rachel Brewster
13. Enforcement of international economic law in Latin America 271
Sebastian Espinoza Velasco
14. Enforcement of international economic law in the EU: linchpin of the system? 289
Niall Moran

PART V. COMPARATIVE ENFORCEMENT OF INTERNATIONAL ENVIRONMENTAL LAW
15. The use of international law in judicial decision-making in Latin America: a crucial source of law for climate litigation? 306
Maria Antonia Tigre
16. Alternative means of enforcement of international environmental law norms in Europe and beyond: environmental human rights, ecocide… crimes against nature? 320
Jens Iverson
17. Coping with coastal erosion and flooding: legal framework and challenges in the MENA region 339
Samira Idllalène and Weiskel Heidi

PART VI. COMPARATIVE ENFORCEMENT OF THE LAW OF THE SEA
18. Enforcement and compliance in the law of the sea: views from Latin America 368
María Teresa Infante and Felipe Rodríguez Silvestre
19. Comparative environmental enforcement under the law of the sea and improving fisheries enforcement 390
Anastasia Telesetsky
20. Dual function of enforcement jurisdiction in the international law of the sea: the national function and the public service function of state jurisdiction 410
Yoshifumi Tanaka