Countermeasures and sanctions

White, Nigel D.

Abstract

The issue of enforcement by means of non-forcible measures is one of the least developed areas of international law. Two legal regimes are relatively clear—non- forcible countermeasures taken by States (countermeasures) and non-forcible measures taken by international organizations (sanctions). The development of a restricted doctrine of countermeasures as the modern accepted form of self-help is considered, along with the partial centralization of coercion in international organizations. The problems within each of these regimes are examined, along with the limitations that have been placed upon their application. The coexistence of countermeasures based on a traditional view of international relations, alongside the post-1945 development of centralized institutional responses, is explored. Moreover, the range of State and institutional practice that seems to lie somewhere between the basic right of a State to take countermeasures to remedy an internationally wrongful act, and the power of international organizations to impose sanctions in certain circumstances, is considered. The legality of the continued use by States of non-forcible reprisals, retorsion, and wider forms of economic coercion is explored, as is the issue of collective countermeasures imposed either multilaterally or institutionally

Citation

White, N. D. (2024). Countermeasures and sanctions. In M. Evans (Ed.), International Law (521-547). Oxford University Press (OUP)

• Online Publication Date: May 16, 2024
• Publication Date: May 16, 2024
• Deposit Date: Feb 28, 2024
• Publicly Available Date: Feb 28, 2024
• Publisher: Oxford University Press (OUP)
• Pages: 521-547
• Book Title: International Law
• Chapter Number: 17
• ISBN: 9780192848642
• Public URL: https://nottingham-repository.worktribe.com/output/31889492
• Publisher URL: https://global.oup.com/academic/product/international-law-9780192848642?q=International%20Law%20evans&lang=en&cc=gb#
• Additional Information: This is a draft of a chapter/article that has been accepted for publication by Oxford University Press in the forthcoming book, International Law, 6th Edition, edited by Evans, M. published in May 2024.
• Contract Date: Feb 27, 2024