The International Law Fallacy: Statutory Inactivity as a Driver of Selective Enforcement in Maritime Risk Systems

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Authors: Sahar Soltani
Cited by: 2
References: 5

Abstract

<div> <p>This paper identifies the International Law Fallacy as a systemic pattern of selective enforcement in global governance, where institutions retain formal authority but fail to act in high risk scenarios. This condition is defined as Statutory Inactivity, the preservation of legal mandate without corresponding enforcement. Through a comparative case study, the analysis contrasts two major sovereign risk events: the rapid international response to security threats in the Strait of Hormuz and the absence of intervention in large scale water diversion projects affecting 2026 FIFA World Cup host regions in Mexico. Despite comparable jurisdiction, visibility, and potential harm, enforcement outcomes diverged sharply. The paper introduces the Soltani Order, an analytical framework that maps recurring patterns of selective enforcement, asymmetrical risk allocation, and strategic institutional behavior. It further presents a quantitative risk amplification model demonstrating how legal unpredictability produces measurable financial and geopolitical exposure. This study establishes a structured basis for understanding the widening gap between international legal obligation and operational reality in twenty first century maritime and sovereign risk systems.</p> </div>

Fields of Study & Subjects

Maritime Security and History International Maritime Law Issues Global Security and Public Health

Publication details

Journal / source
SSRN Electronic Journal
Publisher
Elsevier BV
Publication date
1 January 2026
Language
EN
Document type
Preprint