This chapter analyses the enforcement of international law by States acting individually, that is, decentralized enforcement, including by their courts, as well as through retortion or countermeasures (once called reprisals). This is the typical form of enforcement under traditional international law. At the same time, enforcement might take place through measures taken by States acting collectively, that is, through mechanisms that include resort to collective measures, such as those adopted at the UN level (or within other international organizations), which can lead to collective sanctions. The first form of enforcement looks at the traditional law governing retortion and reprisals or countermeasures (as they are now called), as well as at the post-1945 law, taking into account that the ban on the use of armed force in international relations imposes that all enforcement measures taken by States individually must be peaceful. The second form examines the issue of collective sanctions, such as those taken at UN level.
Chapter
14. Enforcement
Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà
Chapter
17. Countermeasures and Sanctions
Nigel D White and Ademola Abass
This chapter focuses on the issue of enforcement by means of non-forcible measures. Two legal regimes are considered: non-forcible countermeasures taken by States (countermeasures) and non-forcible measures taken by international organizations (sanctions). Discussions cover emergence of a restricted doctrine of countermeasures as the modern acceptable form of self-help; partial centralization of coercion in international organizations; problems within each of these regimes along with limitations placed upon their application; coexistence of countermeasures based on a traditional view of international relations, alongside post-1945 development of centralized institutional responses. State and institutional practices that lie 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 are discussed. Finally, the legality of continued use by States of non-forcible reprisals, retorsion, and wider forms of economic coercion; and collective countermeasures imposed either multilaterally or institutionally are considered.
Chapter
17. Countermeasures and Sanctions
Nigel D White
This chapter focuses on the issue of enforcement by means of non-forcible measures. Two legal regimes are considered: non-forcible countermeasures taken by States (countermeasures) and non-forcible measures taken by international organizations (sanctions). Discussions cover emergence of a restricted doctrine of countermeasures as the modern acceptable form of self-help; partial centralization of coercion in international organizations; problems within each of these regimes along with limitations placed upon their application; coexistence of countermeasures based on a traditional view of international relations, alongside post-1945 development of centralized institutional responses. State and institutional practices that lie 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 are discussed. Finally, the legality of continued use by States of non-forcible reprisals, retorsion, and wider forms of economic coercion; and collective countermeasures imposed either multilaterally or institutionally are considered.
