International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 30. The question when retorsion is and when it is not justified is not
one of law, and is difficult to answer. The difficulty arises from the
fact that retorsion is a means of settling such differences as are
created, not by internationally illegal, but by discourteous or
unfriendly or unfair and inequitable acts of one State against another,
and that naturally the conceptions of discourtesy, unfriendliness, and
unfairness cannot be defined very precisely. It depends, therefore,
largely upon the circumstances and conditions of the special cases
whether a State will or will not consider itself justified in making use
of retorsion. In practice States have frequently made use of retorsion
in cases of unfair treatment of their citizens abroad through rigorous
passport regulations, exclusion of foreigners from certain professions,
the levy of exorbitant protectionist or fiscal duties; further, in cases
of refusal of the usual mutual judicial assistance, refusal of
admittance of foreign ships to harbours, and in similar cases.
[Sidenote: Retorsion, how exercised.]
§ 31. The essence of retorsion consists in retaliation for a noxious act
by an act of the same kind. But a State in making use of retorsion is by
no means confined to acts of the same kind as those complained of, acts
of a similar kind being equally admissible. However, acts of retorsion
are confined to acts which are not internationally illegal. And,
further, as retorsion is made use of only for the purpose of compelling
a State to alter its discourteous, unfriendly, or unfair behaviour, all
acts of retorsion ought at once to cease when such State changes its
behaviour.
[Sidenote: Value of Retorsion.]
§ 32. The value of retorsion as a means of settling certain
international differences consists in its compulsory force, which has
great power in regulating the intercourse of States. It is a commonplace
of human nature, and by experience constantly confirmed, that evil-doers
are checked by retaliation, and that those who are inclined to commit a
wrong against others are often prevented by the fear of it. Through the
high tide of Chauvinism, Protectionism, and unfriendly feelings against
foreign nations, States are often tempted to legislative,
administrative, and judicial acts against other States which, although
not internationally illegal, nevertheless endanger friendly relations
and intercourse within the Family of Nations. The certainty of
retaliation is the only force which can make States resist the
temptation.
III
REPRISALS
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account