The Study Of Compliance Theory In The Perspective Of Global Governance

The compliance theory was one of the most vigorous research fields in the discipline of international law.However it is currently in a deadlock,which is manifested by the contradiction between the enforcement school and the managerial school.The focus of the debate between two schools of theories lies in whether or not enforcement measures are necessary for promoting compliance?This problem actually touches upon the source of binding force of law.Rationalism and evolutionism in legal philosophy holds different views on this problem:the former thinks that law is created out of human rationality and manifests as thesis;the latter holds that law is spontaneously formed and manifests itself as nomos.The theory of global governance is interlinked with the rationalism and evolutionism.The top-down approach in global governance can be understood as an organizational order,while the bottom-up approach conforms to the idea of evolution.Although in theory,thesis and nomos are contradictory,in practice,they can be inter-convertible.Therefore,after a long period of governance practice,the top-down approach can breed a bottom-up approach,just as the organizational order can be transformed into spontaneous order;the bottom-up approach can also develop endogenous requirements for building a top-down governance architecture.In a static view,under the top-down governance approach,compliance of international law mainly relies on external coercive forces,while in the bottom-up approach,it mainly relies on whether the entity accept the rules.In a dynamic view,on one hand,as the governance deepens,the compliance may be transformed from coercion-based to rule-recognition-based;on the other hand,when the bottom-up approach succeeds in building up a top-down governance architecture,compliance also requires the help of a certain external coercive force.Another issue is how to promote the compliance of international law.Economic,legality and compatibility principles should be taken into account.Where condition permits,in the top-down approach,the international monitoring mechanism is the best measure to promote compliance,while in the bottom-up approach,the dispute settlement mechanism should be the preferred one.In addition,some measures are not effective in the short term,but they are conducive to consolidating and disseminating the value of governance so as to mobilize actors in the long run.This means that in the design of compliance measures,how to actively guide the generation of nomos should be considered.