STATE COMPLIANCE WITH INTERNATIONAL TRADE LAW

Introduction

The international community in its present form is an orderly law coordination of a

number of states, each of which is sovereign. In system international society system, there

is no legislative body nor judicial and police power which can impose the will international

community as reflected in its rules of law.1 This is in contrast to national law which has

formal institutions such as legislatures, police, prosecutors, heads of and courts that have

compulsory jurisdiction over the population. The absence of these institutions makes

international law questionable question whether is real law. Moreover, there are

inconsistencies in its application e.g in invasion of Kuwait by Iraq in the 1990s where there

were so many responses from the international community both legally and militarily.

However, the response was different when it came to resolving conflicts and wars. War in

East Middle East including violations Rights human rights violations by the peace forces of

the countries of the special-its UN Security Council.

There is a weakness of international law that Greig points out, namely the lack of in

terms of the legislature as the law-making body; the absence of a court with jurisdiction

over all disputes it is required to hear; and weaknesses in sanctioning states that violate the

law, including the obvious problem of distinguishing between international law and

national law.

In practice, it has been found that law is not always identified with ensuring legal

certainty, upholding people's rights, or ensuring justice. Politics often intervenes in the

making and implementation of law, including international law.

One of the branches of international law is international trade law where the breadth

of the scope of international trade law makes it difficult to say that there is no overlap with

other fields. For example, international economic law, international business transaction

law, international commercial law, and others.

When talking about the world economy, it is important to understand the basis of the

economy itself. Economics is not just about profit, loss, demand, and income. More than

that, it is about the framework of international trade to the economy of the international

community.

Today, many businesses conduct trade in goods across borders. Trading goods with

foreign traders is a basic need for traders to expand their profit opportunities, as well as to

divert their trade products that are not absorbed in their own markets. Viewed from the

perspective of inter-state relations, international trade is a fundamental necessity for

continuity in the interdependence of the world economy.

International trade based on the principle of free trade always uses economic

indicators that are oriented towards efficiency, transparency, and open competition between

business actors that are cross-border in nature.7 Liberalization of trade trade liberalization

Trade liberalization and economic cooperation have taken a dominant position in the global

and regional economic agenda. Economic cooperation globally and regionally is an

important element important element in the implementation of economic policy and is a

form of active role of the state in inter-state relations. Through economic cooperation, both

regionally and globally, a country can take advantage of the opportunity to grow and

develop its economy and carry out national development which in the end can improve the

welfare of its people.

There are several motives or reasons why countries or international communities

conduct international trade transactions, including to facilitate the availability of needed

materials that cannot be produced by one of the parties involved in the transaction, and

also to overcome the problem of scarcity of needed production materials. This is because

natural resources are materials whose availability varies from place to place.

Since international trade law is a subset of international law, it follows that the

imperfections or weaknesses of international law also extend to the field of international

trade law. One of the most interesting areas to study is how the international community or

a state should comply with international trade law and why it is important for the

international community or a state to comply with international trade law. The

international community's adherence to trade law is a matter of concern.

crucial because the purpose of the existence of international law itself is to regulate

international relations in order to create international peace and order.

This is interesting to study because in the world of international trade, conflicts often

occur. The occurrence of a conflict requires the presence of law. In the international

relations of countries, when it comes to trade, they must have an interest in each other that

can have the potential to produce a dispute. Therefore, this paper aims to examine the

reasons why it is important for a state to comply with the existence of international trade

law in carrying out international trade activities.

Discussion

Economic Integration

Along with the development of international trade law, there is a distinction of the

concept of law in relation to tradition, norms, and hierarchy. This conceptual distinction

affects the shape of economic links that are integral to economic globalization.9 Economic

integration can simply be defined as integration in the economic field with the main

objective of liberalizing trade between countries in the economic integration scheme.

Economic integration can be seen as a representation of a state in which national economies

are no longer boundary barriers, but rather unified within a larger, unified entity.

In modernization, society becomes advanced, both in education, technology, and the

economy. These changes impact on relations between countries. It is as if there are no

borders between one country and another. This is what marks the occurrence of

globalization.10 Globa- lization is a term Globalization is a term that has to do with the

increasing interconnectedness between nations and between people around the world

through trade, investment, travel, culture and other forms of interaction. Globalization

tends to create a unified world economic order, creating a single ecological system, a

single world economy, and a single world economy single ecological system, and

communication networks that cover the entire world. Globalization that is happening all

over the world is a pro- ses of internationalization communication, trade, and economic

organization. International trade is important for a country because in reality, international

trade has become the backbone of a country's economy for country to countries to become

prosperous, prosperous, and strong. Countries with high competitiveness will become

actors in international trade, while countries with low competitiveness will only become

actors in international trade become consumers.

Establishment of regionally-based common markets will increasingly Developing

these globalization flows, one of them is the establishment of the ASEAN Economic

Community, where the integration program is a reaction to the challenges of globalization.

In this case, globalization implies the growth of trade and financial transactions.

The rationale for the implementation of trade globalization is based on Adam

Smith's concept that a country will still benefit if it concentrates activities at a lower cost

than alternative activities in that country, even though its trading partners have advantages

in all fields. Conversely, to fulfill its internal needs for other products, the country can

import.

From this thought, it can be seen that globalization is closely related to the

economy. It can be seen that the development of the world economy today leads to the

increasing openness of economic relations between nations. Economic globalization is a

global economic life that knows no boundaries between one country and another. The

acceleration of the globalization process in the last two decades has fundamentally changed

the structure and pattern of international trade and financial relations. This has become an

important phenomenon at the same time. It is a new era characterized by high growth in

international trade.

The process of globalization, which is a symptom that must be faced by the state.

The process of globalization in the economic aspect can be observed from the international

trade agreements that apply at the level of inter-state relations, national legal systems, and

individual relational frameworks. The process of globalization in the economic aspect can

be observed from international trade agreements that apply at the level of relations between

countries, national legal systems, and individual relationship frameworks. At the same time,

it is also characterized by the increasing volume of international trade and the increasing

economic interdependence between countries.

The globalization of the economy has spurred inter-national trade. Therefore, many

people say that globalization is a very promising phenomenon. The expansion of

international trade can be said to offer a number of opportunities, including for lower-

middle class economies to improve their economic quality.

In order to create order and certainty in accommodating the various interests of

business actors, economic and business law will be an indispensable need as a

fundamental guideline. Various studies on the relationship between law and economic

development show that development economic reform will not succeed without legal

reform.

International trade is the exchange of goods, services, or capital across national

borders. It is usually referred to as exporting, which is selling and sending goods/services

abroad, and importing, which is buying and receiving shipments of goods/services from

abroad.

The existence of law is very important in the era of globalization, which is marked

by globalization of the economy. It is also to protect the assets of a country, and provide

justice for other countries that invest or cooperate with other countries.

Meanwhile, international trade law refers to the law that regulates policies made by

various governments in the field of trade. The government acts as a regulator that has the

authority to make policies not only for business actors who carry out activities in its

territory, but also the authority to make policies on goods and services from other countries

that will enter the country.19 The intersection in the economic field certainly requires a

cross-border legal har- monization as a rule of the game and mutual agreement for

international trade.

A country's economy cannot grow if it relies solely on the domestic market.

Moreover, a country's economy will not be sustainable if it relies solely on the sale of

natural resources because natural resources can be depleted. For countries that have

economic power, they will encourage their business actors to expand and expand their

markets abroad. Expanding abroad means creating demand. This will create jobs, and jobs

are important because every government has the responsibility to provide welfare for its

people. In addition to creating jobs, the expansion of businesses abroad will contribute

foreign exchange to the country and act as a driver of the country's economy. Therefore, it

is only natural that the state will facilitate businesses to enter foreign markets.

However, to penetrate foreign markets, even to make a country a production site,

business actors often encounter obstacles. The obstacles are in the form of various trade

barriers, both tariff and non-tariff, imposed by the destination country. In this case, it

becomes important for a free trade agreement to eliminate various barriers. These

agreements can be bilateral, regional, and multi-lateral. The purpose of these agreements

is to make trade between countries the same as trade between regions in one country that

does not recognize various barriers. The removal of barriers to international trade can

create economic integration in the international community.

Obedience to International Law

Law, according to Mochtar Kusu- maatmadja, is understood not only as a whole of

principles and rules to regulate human life in society, but also includes institutions and

processes to realize the enactment of these rules in reality. This also applies at the

international level. Every society needs an order of behavior that is recognized as strong

and binding.

In general, international law is defined as a set of rules and regulations that bind and

regulate relations between states and other legal subjects in the life of the international

community.22 International law is generally formed with the intention of guiding states in

carrying out their activities international, as well as limiting each country's sovereignty.

The body of inter-national law also includes:



Legal rules relating to the functioning of international institutions and organizations

as well as their relations between states and individuals.



Legal rules that regulate the interests of individuals and non-state entities, as long as

the rights and obligations of these individuals and non-state entities are the result of

agreements between states in the form of treaties.

Public international law has its own state system, with its own unique enforcement

regime. Because international law is also separate from a state's municipal law, there are

some who view international law as something other than the rule of law. In fact, if

examined more deeply, the law is not only about the mechanisms of making,

implementing, and enforcing it, but it is much broader and deeper. In law, there are values,

a sense of justice, and legal awareness contained in the hearts of every individual and

society.

In general, international legal norms are recognized as International law is a law that

cannot be denied its existence due to the reality of the current era of trans nationalism and

global village where a country cannot deny its influence and interdependent relationship

with other countries. As a law, international law has four sources of law contained in the

Statute of the International Court of Justice, precisely in Article 38 paragraph (1) namely:

international treaties, international customary law, general legal principles, jurisprudence

and doctrine.

The existence of a law is actually more determined by the attitude and views and

awareness of the law and society. If the community feels, accepts, and obeys a legal rule,

because it is in accordance with the legal consciousness and sense of justice of the

community, regardless of the presence or absence of institutions or law enforcement

officials, then the rule can already be considered a legal rule. Indeed, the existence of a

legislature, judiciary and police is a clear feature of an effective positive legal system, but

this does not mean that without these institutions there is no law. Inter-national law is

binding on states, not because of their individual will to be bound, but because of a

common will, higher than the will of individual states, to submit to international law.

Oppenheim argues that international law is the law of the world real kum. According

to Oppenheim, there are three conditions that must be met to be considered a law. The three

conditions are the existence of the rule of law, the existence of society, and the existence of

an external power to enforce the rule. The first requirement is of course already widely

found, namely one of the legal sources of international law is international treaties, and

many international treaties have been adhered to by the state, in international trade, for

example, there is the ASEAN Free Trade Area, the World Trade Organization agreement,

and so on.

The second condition, the existence of an international community, is also fulfilled

according to Oppenheim. The international community are countries in bilateral, trilateral,

regional and universal scope. The third condition, the existence of implementation

guarantees, is also fulfilled according to Oppenheim. The guarantee of implementation can

be in the form of sanctions coming from other countries, international organizations or

international courts. These sanctions can take the form of demands for apologies

(satisfaction), compensation, and restoration of the situation to its original condition

(repartition). In addition, there are also sanctions that take the form of violence such as

termination of diplomatic relations, embargoes, retaliation, and even war.

Andrew T. Guzman explains that international law can influence state behavior in

society. Through the theory of The Three R's of Compliance, Guzman argues that there are

three "R's" that can influence a state's compliance or non-compliance behavior with

international law. The three "R's" are reputation, recipro-city, and retaliation.

Based on this theory, a state's violation of international law will result in its bad

reputation in the eyes of the international community. This reputation is in the form of an

assessment from the international community about the state's current behavior and

predictions of future compliance based on its current bad behavior. A bad reputation earned

by a country will affect the loss of opportunities to gain greater benefits in the future such

as trade cooperation. the entry of foreign investment, foreign aid, and so on.

In addition to getting a bad reputation, a country's disobedience to international

obligations will bring reciprocal and or retaliatory attitudes or actions from other countries

which of course have the potential to worsen relations with other countries. Bad relations

with other countries will certainly harm the country itself because basically even if the

country is a developed country, no country can survive alone without conducting

international relations with other countries.

In general, a country in conducting international relations aims to improve its welfare

the will of its citizens. Isolation from the international community is certainly not a wise

choice because if a country is isolated or disconnected from other countries, it is its own

people who will suffer. Therefore, in conducting interactions or relationships with other

countries must be in accordance with international law and international law will function

maximally if countries obey or obey the law. If countries conducting international trade

activities comply with international trade law, the international community will feel order,

order, justice, and security in the implementation of inter-national relations.

Even if international law today is doubtful of its benefits and even denied its

existence, what must be done is not to discard international law, but to find and fix the

weaknesses that exist in international law itself such as its legal structure, institutions, and

legal culture. It is encouraging that the existence and influence of international law in the

overall system of international relations remains. International law has directly exerted a

significant influence on the sustainability of international relations to the point of

seemingly insignificant matters. International law also indirectly seeks to influence the

course of international relations international organization. Some evidence to reinforce

that international law in the everyday life of the international community has been

accepted and adhered to as law in its true sense, namely:



Organs of state government, especially those whose duties and powers relate to

foreign or international affairs, continue to respect the principles and rules of

international law in their relations with each other. They each represent their state,

acting for and on behalf of their state. This means that states, through their organs of

government, respect international law. For example, when they have agreed to an

international treaty, they stick to it or in other words do not want to break it, even

though the opportunity to break it is always there.



Disputes between subject of law international law, especially which containing legal

aspects. Although not always, they resolve with peacefully through various

alternative dispute resolution disputes. All These are ways dispute resolution which

recognized as legal by international law. The same applies to the outcome of the

settlement, either peace agreements or decisions of international judicial bodies, are

adhered to by the parties to the dispute international judicial bodies, are adhered to by

the parties to the disputes. Although there are occasional violations, these violations

do not diminish its nature and essence as an inter-national law.



Violations of the rules of international law or the occurrence of inter-national

conflicts are actually only a small part when compared to the behavior or practices

of the international community which are essentially acts of obeying and respecting

international law. However, violations of international law are not a reason to say

that international law does not exist at all. There are far more people in the

international community who obey international law than those who violate it.



The rules of international law are in fact widely accepted and adopted as part of the

national laws of countries. This means that countries have previously accepted the

existence of international law as a self-standing field of law which through certain

means or procedures can be adopted as part of their national law. In fact, in some

cases, international law must be taken into account and considered by states in

drafting their national legislation on a particular issue.



Even countries that are at war still adhere to the principles and rules of international

pe- rang law or what is known as humanitarian law. Similarly, after the end of the

war, for example after the achievement of peace, they still need the role of

international law to regulate peace, for example by formulating the results of the

peace in the form of a peace treaty which clearly constitutes international law that

binds them.

The imperfection of international law makes the international community make

efforts to streamline the enforcement of international law, the way that can be found is if

countries are available to reduce their sovereignty. Without the willingness to reduce

sovereignty, it is impossible for international law to be effective. Sovereignty today is not

an excuse for states to shut themselves off from the process of international trade

interactions with other states. The capacity to establish relationships and interact with

external parties actually strengthens the meaning of sovereignty.

However, it should also be emphasized that the willingness of states to reduce their

sovereignty is also based on political considerations. Strictly speaking, with the willingness

to reduce their sovereignty, to what extent are the interests of the countries it will be

politically accommodated. So, it is still the political factor that plays a dominant role.

International law is not neutral and can take sides, sometimes in favor of the

financially powerful. But at times international law can favor those with the majority of

votes. The non-neutrality of international law is because it is man-made. So international

law has another function, namely as an instrument used by the government of a country to

achieve its national goals. A country will use various political instruments, such as

economic interests, dependence in prisoner issues, and international law to override the

sovereignty of other countries in achieving its national interests. As a political instrument,

the use of international law often colors relations between countries, especially those

carried out by developed countries against developing countries. The utilization of

international law as a political tool is dependent on international treaties.

Nonetheless, efforts to streamline international law, despite its weaknesses, have in

some respects shown noteworthy results. As for some of the efforts that have been carried

out are as follows:



Through the establishment of international organizations accompanied by organs and

internal regulations that are binding as inter-national law on its member states and are

applied in relations between them as well as within the framework of the international

organization itself. However, every inter-national organization in the world is not

equally effective. Some are able to effectively apply international law, some are less

effective, and some are not effective at all. Various factors may account for these

differences.



Complementing multilateral international agreements with implementing organs. An

international treaty is essentially an agreement between the states that are bound to

the treaty. State practice shows that relying on the legal awareness of states to comply

with international treaties is not effective. In order for an international treaty to be

more effective in its application to the bound states, the international treaty itself is

equipped with an organ of implementation.



Include a dispute settlement clause in international agreements, either bilateral and

multilateral international agreements. By including these clauses, in the event of a

dispute between the countries bound by the international treaty concerned, the parties

to the dispute can take the path of settlement in accordance with the clause. Whatever

the final outcome of the settlement, it is expected that it will be adhered to by the

parties concerned.

By going through the steps above, it turns out that international law can be relatively

more effective, although not in its entirety. However, such efforts are not systematically

conceptualized, but rather grow and develop in the practice of international relations on a

casuistic basis.

The willingness of a state to become a member of an international organization, as

well as the willingness of a state to declare its agreement to be bound and subject to an

international treaty, whether or not the treaty is accompanied by an implementing organ or

dispute settlement clause, is essentially a manifestation of their willingness to violate the

substance of their sovereignty. However, if at any time the state concerned considers that

its attachment is detrimental to its national interests, it will not hesitate to refuse to comply

with the treaty or the decisions of the international organization or the implementing

organs of the treaty or the results or decisions of the treaty decision of the relevant zinc

settlement body.

The role of international law covers all aspects of actions and relations between

states, such as the use of land, sea, air; in non-public law aspects, it regulates international

telecommunications, state border services, transportation of goods and people by ship and

air, and also regulates remittance transactions, therefore international law is related to trade

law.

International law is intrinsically important to the binding force of diplomatic

practices, inter-national politics and foreign relations actions. Therefore, if international law

has been recognized for its role in the international community, there is no doubt about the

effectiveness of international law in its enforcement. The time when doubts about whether

international law actually works effectively have been abandoned by many. Some

significant reasons are as follows: There is no doubt that international law has functioned

effectively based on the necessity and interests of states.

So big and tough is the relationship between states, that international law is needed

to guarantee the stability and order of international order, because every state's interests can

take place in an orderly and organized manner if the states are limited by international law.

Psychologically, the rules of international law as a system are the reason why States

abide by it; once a state violates international law, it is treated no differently from an

individual who violates national law. So the effort to enforce it is for the international

community to do its part; political practitioners, using international law in all aspects of

international cooperation and international dispute resolution.

A concrete evidence that can be used as an example to show the enforceability of

inter-national law is the imposition of sanctions from the UN Security Council to countries

that violate international law.

Adherence to International Trade Law: Implemen- tation of the Principle of Good

Faith

It has been explained above that international trade law is a branch of international

law. The connection between these two fields of law carries the consequence that sources

of international law can also be adopted as sources of law in international trade law. One

of the prominent sources of law in international trade law is international treaties.

Advocates of the natural law school of international law argue that freedom of

conscience is a natural right, but they interpret it more narrowly in the sense that it is

subject to a number of restrictions exceptions. In practice this means that freedom of

commerce is limited by the boundaries of a state's absolute jurisdiction.

Therefore, there is only one way to realize this natural right, namely by entering into

an international treaty.33 An international treaty can be defined as an agreement or

agreement between subjects of inter-national law.34 Under international law, international

treaties have been regulated in the 1969 Vienna Convention and the 1986 Vienna

Convention. The difference between the two conventions lies only in the subject of the

international treaty. In the 1969 Vienna Convention, the subject is between states, while in

the 1986 Vienna Convention the subject is between states and international organizations.

Currently, international treaties are one of the main sources of international law, and

play an important role in international relations, especially in relation to international trade.

This has a strong reason, because almost most of the results of relations between states or

between other subjects of inter-national law, are outlined in an instrument of inter-national

treaty. Through this inter-national treaty, the rights and obligations that have been agreed

upon by various subjects of international law are formulated.

Based on this, it is not an exaggeration to say that as long as there are still direct

international relations between countries, especially in the field of trade, then the

international agreement will also be born.

In the scope of international agreements, there are several fundamental principles,

including the first principle of free consent where the parties have the freedom to express

their will. The second principle is the principle of pacta sunt servanda, where the

agreement is binding like a law for the parties.

This principle is said to be funda- mental because it underlies the birth of

agreements, including international agreements and underlies the implementation of

agreements in accordance with what the parties have agreed. Without the promises that

have been agreed upon, no agreement will be born. The agreement must be performed by

the parties as the promises given by the parties.35 The third principle is the principle of

good faith where the agreement must be implemented in good faith by the parties.

The third principle is inseparable from the second principle, which means that the

parties must carry out the terms of the agreement in accordance with the content, soul,

purpose, and objectives of the agreement itself, respecting the rights and obligations of the

parties. The parties and third parties who may be given rights and / or obligations and do

not take actions that can hinder efforts to achieve the aims and objectives of the agreement

itself, either before it takes effect or when the parties are in the process of waiting for the

agreement to come into force or also after the agreement takes effect.

The importance of the principle of good faith is because it contains honesty and

fairness, both of which are important values in conducting international trade activities.

An international trade agreement is binding based on the agreement of the parties that

make it. Therefore, as with international agreements in general, an international trade

agreement will only bind a country if the country agrees to sign or ratify it. When a state

has ratified it, it is obliged to promulgate it into its national law. The ratified international

treaty then becomes part of the country's national law.

Adherence to inter-national law thus proceeds without coercion from a particular

party against the responding state. The signing of an international treaty means the

willingness of the state concerned to abide by the international norms agreed upon in the

international treaty.

Failure to comply with an international treaty creates international liability and a

state cannot rely on its national law to justify this failure. In this case, a state must instead

ensure that its treaty compliance is justified by its national law. Globalization nowadays

tends to require ensuring that each state party's national law complies with international

treaties, and for this reason international law has begun to develop a treaty compliance

mechanism.

It is in this international trade agreement that will be seen and tested regarding the

compliance of the parties in carrying out the contents of the international trade agreement.

The existence of the principle of good faith in the scope of international trade agreements

is as a legal assertion to foster substantive justice so as to achieve a fair solution for the

parties both parties who have agreed.

With this principle of good faith, it will be able to provide an obligation to a country

when it has been bound to an international trade agreement to always comply with the

governing clause. This principle of good faith is a supporting and reinforcing principle of

the principle of pacta sunt servanda so that an international trade agreement can be carried

out and the rules that bind the agreement are also obeyed by the country that binds itself to

the agreement. The legal force in the binding of an international trade agreement cannot be

enforced against a country if there is no good faith to carry out the agreement, therefore the

principle of good faith becomes very important in carrying out agreed agreements,

including in international trade.

Therefore, it is important for both countries conducting international trade to practice

good faith so that the potential for disputes will be minimized.

State Interest as a Reason for Obedience To International Trade Law

To foster state compliance with international law, Chayes provides two alternative

solutions. The first alternative is through an enforcement mechanism that The WTO

imposes many sanctions such as economic sanctions, membership sanctions to unilateral

sanctions. An example is the sanctions imposed by the WTO on United States in the

National Car (Timor Car) case after going through a long examination process.

The second alternative offered by Chayes is the management model, where

obedience is not encouraged by violence or sanctions but through a model of cooperation

in obedience, namely through a process of interaction in justification, discourse and

persuasion. Sovereignty can no longer be interpreted as freedom from external

intervention, but freedom to conduct international relations as a member of the inter-

national community or governmental autonomy. Thus the new sovereignty consists not

only of territorial control or governmental autonomy but also the assertion of status as a

member of the community of nations. Adherence to international law is no longer solely

out of fear of sanctions but rather out of concern for the diminution of sta- tus through loss

of reputation as a good member of the community of nations.

It has also been explained above that one of the efforts of states in making

international law effective is to include zinc settlement clauses in international treaties. If

drawn into the world of law international trade, it can be seen from the settlement of zinc-

keta in GATT/WTO. The strength of the enforcement and implementation of the GATT

decision itself is based on two things. The first is the legal commitment of its member

countries. GATT member countries in dealing with claims or trade disputes in the GATT

are more focused on their respect and interest in the GATT. The actions of GATT member

states, which have been based on respect and interest, have created a legal climate where

GATT members see a mutual interest with other countries to respect their legal obligations

under the GATT. Second, the GATT grants the right to retaliate to a country that is

aggrieved as a result of the unlawful actions of another country. In this case, the country is

given the right to impose new trade barriers on imported products from the offending

country.

The motivation for states to comply with international law, including international

trade law, is due to the belief that compliance will benefit the subject's own interests. Self-

interest calculations are the foundation of most societies' actions. The rule of law obeyed by

individuals is the result of a calculation of the benefits of obedience versus disobedience.

Despite believing that the benefits will be obtained through work institutions, but their own

interests also take precedence.

It can be concluded that the state's obedience to inter-national law occurs when the

benefits that would be will obtained more greater than the costs that must be borne. The

next motivation is obedience based on belief, acceptance of the normative legitimacy of a

rule of international law. The state obeys the rules of international law not because it is

afraid of sanctions or calculations of profit and loss but really on the basis of the state's

own belief that the rules cause harm to the state give rise to obligation that must be

obeyed. Obedience becomes a habit of life and disobedience incurs its own costs. Finally,

from Ultimately, the various motivations behind a state's compliance with both

international law and international trade law can influence one another.

other reasons.

So the question of why states obey international law can be based on each of the

above motivations or a mixture of one motivation with another. Therefore, in the context

of international law, more specifically, its enforcement is needed as an effort to bring

order to its legal subjects, which in this case is the state as part of the international

community. The existence and influence of international law is something that the

international community should strive for.

A country's adherence to international law, especially international trade law, should

not be measured by rigid enforcement of compliance and status based on normative rules

guarded by law enforcers. The validity of international law must be seen and measured by

the behavior of the international community that obeys international law.

The state as a social being always needs interaction with one another to fulfill its

needs. No matter how advanced a country is, it will not be able to live alone. Mutual need

between nations in various fields of life which results in the establishment of permanent

and continuous relationships between nations, also results in the emergence of interests to

maintain and tour such relationships.

In these interactions, states need legal rules to give legal certainty to what they do. It

must be recognized that in addition to the necessity factor, there are also other factors such

as concerns about losing benefits or facilities from other countries as well as fears of being

excluded from international relations that contribute to the international community's

obedience to inter-national law. However, all of these factors outweigh obedience due to

the common need for the rule of law which is expected to provide a sense of security, order,

justice and legal certainty.

If it is associated in the realm of trade, in order to show In order to support the

economic growth of a country, it is necessary to have good trade arrangements, so as to

maintain the stability and economic stability of a country. This increasingly shows that how

important it is for international trade arrangements to be complied with by countries. The

behavior of the state's compliance with inter-national trade law will definitely affect the

cycle or course of inter-national trade.

Conclusion

International law is different from national law, in that international law does not

have a body that can enforce the application of international law. This has led many to

claim that international law is a weak law even though international law is not a law. This

view can be dismissed if the international community feels, accepts, and obeys a rule of

law, because it is in accordance with the legal awareness and sense of justice of the

community, regardless of the presence or absence of institutions or law enforcement

officials, then the rule can already be considered as a rule of international law. This is

where the importance of the existence of international trade law as part of international

law, where international trade law plays an important role in regulating international trade

relations that exist in inter-national societies to achieve desired goals.

Various efforts have been made by the international community in the effectiveness

of international law, especially international trade law. The motivation of the international

community to comply with international trade law is due to the belief that compliance will

benefit the subject's own interests. Moral, as well as legal reasons can be united into a

concept of obedience. The moral obligation of actors from state leaders to comply with

international trade law norms becomes a domestic legal obligation that says internally it

must be done when there is an agreement with another state.

In addition, there is also a fundamental principle in the international treaty space

which is the legal source of international trade law, namely the principle of good faith. The

existence of this principle of good faith will be able to provide an obligation to a country