Another situation may occur when one party wishes to create an obligation of international law, but not the other party. This factor has been at work in the run-up to talks between North Korea and the United States on security guarantees and the proliferation of nuclear weapons. Nation states follow the principle by in parem non habet imperium: “Between equals, there is no sovereign power.” This is confirmed by Article 2, paragraph 1, of the United Nations Charter, which states that no state is subject to another state. John Austin therefore asserted that “so-called” international law, which is not a sovereign and so unenforceable power, is not a law at all, but a “positive morality” drawn from “opinions and feelings… “more ethical than legal.” [57] In a bilateral agreement, the two parties are two countries bound by an international agreement, they are generally referred to as “state parties”. [5] The nature of an agreement between two contracting states is governed by the provisions of the Vienna Convention on Treaty Law. An agreement between a state or organization and an international organization is governed by the rules of the Vienna Convention on the law of treaties between states and international organizations or between international organizations. [6] In addition to a state`s natural propensity to meet certain standards, the strength of international law comes from the pressure that states exert on each other to behave coherently and fulfill their obligations. As with any legal system, many violations of the obligations of international law are neglected. If addressed, this can be done through diplomacy and consequences for the reputation of an abusive state, submission to international judicial decision[42][43] arbitration,[44] sanctions[44] or violence, including war. [46] While violations may indeed be common, States try to avoid giving the impression that they have failed to meet international obligations. States can also unilaterally impose sanctions against each other. B such as the separation of economic or diplomatic relations or mutual action.
In some cases, national courts may try a foreign state (the domain of private international law) for violation, while this is a complex legal area in which international law intersects with domestic law.