Enforcing International Law: From Self-help

Until recently, the fundamental link between two basic concepts in international law-the right to self-help and the obligation to settle disputes by peaceful means-has been neglected in doctrine and practice. This book contributes to the contemporary debate on the role, effectiveness and appropriateness of consensual dispute settlement and resorts to unilateral measures of self-help in contemporary international (legal) relations.

Acknowledgements

ix

1 Introduction

1

(12)

Enforcement in International Law

1

(2)

Self-help and Self-constraint – A Problematic Relationship?

3

(1)

Self-help and Self-constraint – Two Phenomena...One Discourse

4

(3)

Method and Structure

7

(2)

Notes

9

(4)

PART 1 THE INSTITUTION OF SELF-HELP

13

(70)

Introduction

15

(68)

Notes

16

(1)

2 The Objectives of Self-help

17

(16)

Introduction

17

(1)

Symbolism

18

(1)

Protection

19

(2)

Remedies

21

(3)

Manipulation

24

(1)

Punishment

25

(2)

Notes

27

(6)

3 Self-help Terminology

33

(20)

Introduction

33

(1)

Sanctions

33

(2)

Countermeasures

35

(3)

Reprisals

38

(1)

Reciprocal Measures

39

(1)

Suspension and Termination of Treaties

40

(2)

Retorsion

42

(3)

Notes

45

(8)

4 The Normative Modalities

53

(32)

Introduction

53

(1)

A Prior Infringement of Rights or Interests

53

(2)

Pre-emptive Measures of Self-help

55

(1)

A Prior Demand for Redress

56

(2)

Resort to Alternative Means

58

(2)

The Obligation to Settle Disputes by Consensual Means Prior to Resorting to Self-help

60

(9)

Proportionality

69

(4)

Conclusion

73

(2)

Notes

75

(8)

PART 2 CONSENSUAL DISPUTE SETTLEMENT: A REFLECTION OF SELF-CONSTRAINT

83

(44)

Introduction

85

(42)

5 Self-constraint as Reflected in the Principle of Settling Disputes by "Peaceful Means" and Alternative Dispute Resolution

87

(20)

Article 2(3) of the UN Charter as an Expression of Self-constraint

87

(1)

The Meaning of "Peaceful Means"

88

(3)

Self-help in the Context of Alternative Dispute Resolution

91

(10)

Notes

101

(6)

6 Institutionalized Dispute Settlement

107

(14)

Introduction

107

(1)

The Pre-initiation Phase

108

(4)

The Litigation Phase

112

(5)

Notes

117

(4)

7 Implementing "Consented" Outcomes

121

(8)

Introduction

121

(91)

Compliance and Non-compliance

212

Enforcement Judicial Decisions

123

(1)

Conclusions

124

(1)

Notes

125

(2)

PART 3 SELF-CONTAINED REGIMES

127

(52)

Introduction

129

(32)

Notes

130

(1)

8 The Concept of Self-contained Regimes

131

(16)

Introduction

131

(1)

Regime Theory

132

(3)

Regime Theory and International Law

135

(3)

Objective Regimes

138

(2)

Self-contained Regimes

140

(3)

Notes

143

(4)

9 The European Community

147

(14)

Introduction

147

(2)

The Prohibition of Self-help

149

(2)

Dispute Settlement or Administration of Justice?

151

(3)

(Non-)compliance and Enforcement

154

(3)

Notes

157

(4)

10 The World Trade Organization

161

(12)

Introduction

161

(1)

Constructing, Deconstructing and Reconstructing the GATT Dispute Settlement Mechanism

161

(3)

"Rule Orientation" v. "Power Orientation"

164

(2)

The Dispute Settlement Process: Proliferation or Unification?

166

(3)

Mandated Self-help: Constrainment or Containment?

169

(1)

Notes

170

(3)

11 Final Conclusions

173

(6)

Note

178

(1)

References

179

(12)

Index

191

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Enforcing International Law: From Self-help to Self-contained Regimes

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