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COUNTERMEASURES AND JURISDICTION: BETWEEN EFFECTIVENESS AND FRAGMENTATION.

Authors :
CALAMITA, N. JANSEN
Source :
Georgetown Journal of International Law; Winter2011, Vol. 42 Issue 2, p233-301, 69p
Publication Year :
2011

Abstract

The article discusses the treatment of non-reciprocal countermeasures by adjudicatory bodies of limited jurisdiction, with emphasis on the academic debate on the fragmentation of international law. It notes that the doctrinal role of a lawfully taken countermeasure is to serve as a defense for the state's suspension of its international obligations. It illustrates cases of treaties with compulsory dispute settlement mechanisms, which raise concerns over the complication of jurisdictional relationships and systems of applicable law.

Details

Language :
English
ISSN :
15505200
Volume :
42
Issue :
2
Database :
Supplemental Index
Journal :
Georgetown Journal of International Law
Publication Type :
Academic Journal
Accession number :
60458690