Boycott, Divestment and Sanctions as a Means of Enforcing International Law in Palestine
The Theme of Volume XVII of the Palestine Yearbook of International Law is “Boycott, Divestment and Sanctions as a Means of Enforcing International Law in Palestine”.
One of the principle criticisms of public international law remains the relatively impoverished mechanisms available for its effective enforcement, particularly when compared with those that exist under advanced municipal legal systems. It cannot be said, for instance, that there exists at international law a practical equivalent of the long-established common law principle expressed in the maxim ubi jus ibi remedium – “where there is a right, there must be a remedy”.[1] To be sure, while international law includes a regime that governs responsibility for wrongful acts of both States and, to a lesser extent, individuals, with very few exceptions these norms can only be enforced with the cooperation and express support of States, which in turn requires sufficient levels of political will of governing elites that can be very difficult to secure. The result has been to leave unaddressed a growing number of grave violations of international law, many of which are at the core of regional or global conflicts, where aggrieved parties are either powerless to defend their rights or cannot rely on States to do so, even where such States may be under legal obligations to act.[2]"
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