International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
[Footnote 29: See Pradier-Fodéré, VI. No. 2649, and below, § 95.]
[Footnote 30: See Taylor, §§ 431, 433, 441; Moore, VII. §§ 1089, 1091,
1099; Pradier-Fodéré, VI. No. 2633.]
II
RETORSION
Vattel, II. § 341--Hall, § 120--Westlake, II. p. 6--Phillimore,
III. § 7--Twiss II. § 10--Taylor, § 435--Wharton, III. §
318--Moore, VII. § 1090--Wheaton, § 290--Bluntschli, §
505--Heffter, § 110--Bulmerincq in Holtzendorff, IV. pp.
59-71--Ullmann, § 159--Bonfils, Nos. 972-974--Despagnet, Nos.
484-486--Pradier-Fodéré, VI. Nos. 2634-2636--Rivier, II. §
60--Calvo, III. § 1807--Fiore, II. Nos. 1226-1227, and Code, Nos.
1386-1390--Martens, II § 105.
[Sidenote: Conception and Character of Retorsion.]
§ 29. Retorsion is the technical term for the retaliation of
discourteous or unkind or unfair and inequitable acts by acts of the
same or a similar kind. Retorsion has nothing to do with international
delinquencies, as it is not a means of compulsion in the case of legal
differences, but only in the case of certain political differences. The
act which calls for retaliation is not an illegal act; on the contrary,
it is an act that is within the competence of the doer.[31] But a State
can commit many legislative, administrative, or judicial acts which,
although they are not internationally illegal, contain a discourtesy or
unfriendliness to another State or are unfair and inequitable. If the
State against which such acts are directed considers itself wronged
thereby, a political difference is created which might be settled by
retorsion.
[Footnote 31: For this reason--see Heilborn, _System_, p. 352, and
Wagner, _Zur Lehre von den Streiterledigungsmitteln des Völkerrechts_
(1900), pp. 53-60--it is correctly maintained that retorsion, in
contradistinction to reprisals, is not of legal, but only of political
importance. Nevertheless, a system of the Law of Nations must not omit
the matter of retorsion altogether, because retorsion is in practice an
important means of settling political differences.]
[Sidenote: Retorsion, when justified.]
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