WITHER THE TWO-LEVEL MODEL OF INTERNATIONAL LEGAL COMPLIANCE

roda mushkat, Brunel University

Abstract

The study of rule conformity in the global arena continues to expand in new directions and assume an increasingly rigorous form. Recently, the focus has shifted to the domestic side of the picture as scholars of international law have belatedly discovered that developments on the home front impinge materially on State behavior and that the legal domain is no exception to the norm. Considerable progress has been achieved in seeking to grasp the nature of this intricate relationship, and understand the flow of influences from the international to the domestic level, but the learning potential is by no means exhausted. The experience of the world’s most populous nation, blessed with a booming economy and significant military capabilities, suggests that time is ripe for venturing beyond generalizations based on a tight set of assumptions and limited socio-political exposure.