Реферат: International Law Essay Research Paper International law
ever at some given moment. On the contrary, the preferential rights are
a function of the exceptional dependence of such a coastal State on the
fisheries in adjacent waters and may, therefore, vary as the extent of
that dependence changes.
The Court’s judgement on this case contributes to the development of the
law of the sea by recognizing the concept of the preferential rights of a
coastal state in the fisheries of the adjacent waters, particularly if that
state is in a special situation with its population dependent on those
fisheries. Moreover, the Court proceeds further to recognise that the law
pertaining to fisheries must accept the primacy of the requirement of
conservation based on scientific data. The exercise of preferential rights
of the coastal state, as well as the hisoric rights of other states
dependent on the same fishing grounds, have to be subject to the overriding
consideration of proper conservation of the fishery resources for the
benefit of all concerned.
Some cases in which sanctions are threatened, however, see no
actual implementation. The United States, for example, did not impose
measures on those Latin American states that nationalized privately owned
American property, despite legislation that authorizes the President to
discontinue aid in the absence of adequate compensation.
Enforcement measures are not the sole means of UN sanction.
Skeptics of the coercive theory of international law note that forceful
sanctions through the United Nations are limited to situations involving
threats to the peace, breaches of peace, and acts of aggressiion. In all
other instances of noncompliance of international law, the charter’s own
general provisions outlawing the threat or use of force actually prevent
forceful sanction. Those same skeptics regard this as an appropriate
paradox in a decentralized state system of international politics.
Nonetheless, other means of collective sanction through the UN involve