Külpolitika - A Magyar Külügyi Intézet elméleti-politikai folyóirata - 1979 (6. évfolyam)
1979 / 1. szám - KÖNYVEKRŐL - Volle, H.: A belgrádi utótalálkozó
regardless of their political hue. Brazil endeavours to shape its relations with Latin American neighbours in the same spirit. The apparent economy — centred pragmatism of Brazil is backed by serious regional power aspirations. Both allies and opponents must reckon wTith the long-term effects of the latter. LÁSZLÓ VALKI Does international law contain sanctions ? Constraints and sanctions have ever been part of the notion of law. Most international lawyers have also argued that enforcement is a most important aspect. Valki questions this position. In his view the effectiveness of the norms of international law cannot be judged on the basis of domestic law. In domestic law some always regulate the circumstances of others, and even the most democratic decisions are not approved by every affected class, section, group or individual. In such circumstances the effectiveness of law can only be ensured by sanctions and constraints. In international law however the legislators and those legislated for are identical. States regulate their relations by agreement. Constraints are therefore on principle unnecessary since the norms serve the interests of all participants. This is not, of course, what happens in practice. Interest-clashes occur amongst states which can end in offences against the law. The suffering party can employ self-help (retaliation or reprisals) that is it is entitled to apply sanctions. In the present international structure, however, one cannot be sure whether a state can legally apply sanctions against another, or whether, on the contrary, the action called a sanction is itself an offence against international law. There is no court or tribunal which, as in domestic law, decides in every case, and compulsorily, on every dispute. The only recourse open to the parties is therefore to settle their differences without benefit of the law or judicial action. Within the present system of international law behaviour akin to sanctions can only follow de facto, but not de iure from an offence against the law. According to Valki such behaviour cannot be compared to domestic legal sanctions as regards substance either. Constraints in the narrow sense of the term are seldom applied, what happens as a rule is that the offended party lessens or ceases cooperation. Valki goes on to employ Weber’s terminology calling the international legal system a conventional order whose validity is ensured by the likelihood that the offending party expects to experience the absence of the readiness to cooperate — or limitations on it compared with the earlier situation — on the part of the state or states it offended against. VI
