Chapter Three explores the views of former officials regarding compliance by states with international law. Almost all former officials believed that international law constrains state behavior, at least to some extent, and that states comply with international law much of the time. The top positive factors favoring compliance, as revealed by frequency counts, were reputational concerns; state interest in a stable legal and institutional system; reciprocity, or the prospect of retaliation; ethical considerations, including ethical values underlying international law rules and respect for the rule of law; idiosyncratic factors, including the history and culture of states; and benefits flowing from participation in specific regimes. The significant role of ethical factors gives a boost to normative theories about compliance. The role of systemic interests illustrates the benefits of a multilateral, institutional, and rule-based system. Among the factors militating against compliance, the dominant factor was state interest. Many former officials suggested that decisions about compliance involve a cost–benefit assessment, a consideration of many factors including international law. The chapter concludes by considering the former officials’ perceptions about the reasons that states outside of the United States take into consideration regarding compliance with international law.

Chapter Four focuses on US compliance with international law. The perception of former officials was that US compliance with international law was robust. When asked about the reasons that the United States complies or does not comply with international law, the former officials’ responses tracked many of the factors they listed for states in general. The chapter then explores the interplay between law and policy, exploring how policymakers balance these competing concerns. Former officials were clear that while international law was generally followed, it was not always dispositive. Legal issues were considered as one factor among a variety of factors, essentially involving a cost–benefit analysis. The salient considerations driving compliance or noncompliance, as revealed in the interviews, appeared to be the nature of the national interest or policy at stake; the nature and significance of the international legal rule involved ethical considerations; the views of allies; the ambiguity or precision of the legal obligation; and the weight of domestic political and bureaucratic concerns. The chapter next examines factors that may affect policymaker perceptions, including party affiliation, and concludes with a description of instances where the United States either bent international law or complied scrupulously.