The Problem of Enforcement in International Law: Countermeasures, the Non-Injured State and the Idea of International Community

ISBN-13: 9780415478328 / Angielski / Twarda / 2010 / 338 str.

Elena Katselli

Opis

This book explores the contentious topic of how collective and community issues should be protected and enforced in international law. The book takes a detailed look at the issue of third-State countermeasures, and considers the work the International Law Commission has done in this area. The volume addresses both the theory and practice of third-State countermeasures within international law. Critically reviewing the conclusions of the International Law Commission on the existence of a right to third-State countermeasures, it includes consideration of examples of State practice not previously covered in the literature of this topic.

In taking a thorough view of the issues involved Elena Katselli identifies concerns about third-State countermeasures which remain unanswered, and considers the possible legal ramifications arising from a clash between a right to third-State countermeasures and obligations arising from other international norms.

Spis treści

1. The International Community, Jus Cogens Norms and Obligations Erga Omnes  2. Community Interests in the Law on State Responsibility  3. Countermeasures in the Name of Community Interests in State Practice  4. Self-Contained Regimes, Solidarity Measures and the Fragmentation of International Law  5. The Principle of Proportionality

O autorze

Elena Katselli Proukaki is a Lecturer at Newcastle University, UK.