Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Right of Third States to Take Countermeasures

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter addresses the topic of "countermeasures" resorted to by third States, that is, States whose own legal position is not affected in the conventional sense, in response to violations of jus cogens or of obligations erga omnes. The appropriateness and significance of the concept of "countermeasures" is controversial among experts of international law, but if we understand it in the broad sense, the discussion must be taken to apply to all possible reactions open to third States in order to urge a violating State to end its breach of the law, to provide reparation to the State that is actually the victim of this breach and, where appropriate, to guarantee that the breach will not be repeated. These would include diplomatic demarches, retorsion, and reprisals. In addition, these reactions would also include collective self-defence as a military response to an armed attack in violation of international law.

Keywords: collective self-defence; diplomatic demarches; international law; reprisals; retorsion; third States

10.1163/ej.9789004149816.i-472.61
/content/books/10.1163/ej.9789004149816.i-472.61
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation