Gavin Howe
International law is a mechanism of cooperation between states, but some countries are not complying with it. When democracies break international law, the implications are felt not just by autocracies but also by other democracies. Ginsburg's book shows that democracies do not go to war against other democracies, but they will fight against autocracies. When democracies fight autocracies, they usually win. Ginsburg also shows that populist leaders such as Donald Trump can give others an incentive to violate international law. The OECD Foreign Bribery Report indicates that significant sanctions were imposed in only 17 of 41 countries.
| Characteristics | Values |
|---|---|
| Number of countries violating international law obligations | 20 |
| Number of countries with insufficient sanctions for foreign bribery | 21 |
| Number of countries with significant sanctions | 17 |
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What You'll Learn
Democracies breaking international law
When democracies break international law, the implications are felt not just by autocracies but also by other democracies. Ginsburg's book cites evidence that democracies do not go to war against other democracies, but they have no qualms about fighting against autocracies. Democracies can enjoy peace with their fellow democracies even when they violate their international obligations. If they decide that war with an autocracy serves their interests, they can beat that autocracy on the battlefield with little concern for the rules that they break along the way.
The prevalence of noncompliance with international law in the global arena is expected to push democracies towards noncompliance. It would not, however, make democracies abandon their regimes and become autocracies. When an autocracy emerges and starts to violate international law, democracies will violate international law in response.
Populist leaders such as Donald Trump can corrode the commitment of many countries to comply with international law, while giving others an incentive to violate international law for spite, just to curry favour with their constituents.
There are 12 convention countries, including some old democracies, where effective political influence or its risk hinders the work of the criminal justice system. Insufficient sanctions foreseen by law or imposed in practice to deter foreign bribery also hamper enforcement efforts in 21 countries.
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Autocracies breaking international law
International law is a mechanism of cooperation between states. However, when democracies break international law, the implications are felt by autocracies that violated their obligations first. Ginsburg's book cites evidence that democracies do not go to war with other democracies, but they have no qualms about fighting autocracies. When democracies fight autocracies, they usually win.
Populist leaders such as Donald Trump have shown that violating international law can curry favour with constituents. Ginsburg also shows that when democracies start to violate international law, autocracies will violate international law in response.
There are 12 convention countries, including some old democracies, where effective political influence or its risk hinders the work of the criminal justice system. In Russia, changes to the criminal code in 2015 reduced the size of penalties for receiving or giving bribes, including those relating to foreign officials.
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Foreign bribery
International law is often broken by countries that are democracies. One example of this is foreign bribery. The OECD Foreign Bribery Report, published in December 2014, indicates that significant sanctions were imposed in only 17 of 41 countries. This means that in 24 countries, insufficient sanctions were foreseen by law or imposed in practice to deter foreign bribery.
Russia is one example of a country that has reduced the size of penalties for receiving or giving bribes, including those relating to foreign officials. Changes to the criminal code in 2015 made it easier for people to bribe foreign officials without facing severe consequences. This is a clear example of a country breaking international law and hindering the work of the criminal justice system.
The four leading enforcers of sanctions for foreign bribery are Germany, Switzerland, the United Kingdom, and the United States. These countries completed 215 cases and started 59 new cases from 2011 to 2014. Their efforts to enforce sanctions and hold people accountable for foreign bribery are important for upholding international law and maintaining a fair and just global community.
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Insufficient sanctions
International law is a mechanism of cooperation between states. However, the prevalence of noncompliance with international law is expected to push democracies towards noncompliance. Ginsburg's book cites evidence that democracies do not go to war against other democracies, but they are willing to fight against autocracies. When democracies fight against autocracies, they usually win. Therefore, democracies are in a superior position compared to autocracies. Democracies can enjoy peace with their fellow democracies even when they violate their international obligations.
The Chicago Journal of International Law highlights that when democracies start to break international law, the implications will be felt not just by the autocracies that violated their obligations first, but also by other democracies. Ginsburg shows that populist leaders such as Donald Trump contribute to the problem.
One example of insufficient sanctions is the case of foreign bribery. The OECD Foreign Bribery Report indicates that significant sanctions were imposed in only 17 of 41 countries. In Russia, changes to the criminal code in 2015 reduced the size of penalties for receiving or giving bribes, including those relating to foreign officials. The four leading enforcers (Germany, Switzerland, the United Kingdom, and the United States) completed 215 cases and started 59 new cases from 2011 to 2014.
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Criminal justice systems
International law is a mechanism of cooperation between states, but it can also make states vulnerable to betrayal. When democracies break international law, the implications are felt not just by autocracies, but also by other democracies. Ginsburg's book shows that populist leaders such as Donald Trump can corrode the commitment of many countries to comply with international law, while giving others an incentive to violate it.
The prevalence of noncompliance with international law in the global arena is expected to push democracies towards noncompliance. Democracies can enjoy peace with their fellow democracies even when they violate their international obligations. If they decide that war with an autocracy serves their interests, they can beat that autocracy on the battlefield with little concern for the rules that they break along the way.
The criminal justice systems of some countries are hindered by effective political influence or its risk. In 2015, changes to the Russian criminal code reduced the size of penalties for receiving or giving bribes, including those relating to foreign officials. The OECD Foreign Bribery Report indicates that significant sanctions were imposed in only 17 of 41 countries.
The four leading enforcers of criminal justice systems (Germany, Switzerland, the United Kingdom, and the United States) completed 215 cases and started 59 new cases from 2011 to 2014. These countries are leading the way in holding individuals and organisations accountable for their actions, even when they violate international law.
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Frequently asked questions
There are many countries that have been accused of breaking international law, including the United States, the United Kingdom, Germany, Switzerland, and Russia.
When countries break international law, it can have a range of consequences, including corroding the commitment of other countries to comply with international law and giving them an incentive to violate international law as well.
Yes, there are some patterns and trends that have been observed. For example, Ginsburg's book cites evidence that democracies do not go to war against other democracies, but they are willing to fight against autocracies. Democracies also tend to enjoy peace with their fellow democracies even when they violate their international obligations.
One example is Russia, which changed its criminal code in 2015 to reduce the size of penalties for receiving or giving bribes, including those relating to foreign officials. This hindered the work of the criminal justice system and made it more difficult to enforce international law.
