ABSTRACT

Until recently, the fundamental link between two basic concepts in international law, namely the right to self-help and the obligation to settle disputes by peaceful means, has been neglected in doctrine and practice. The main issue is that international law traditionally recognizes the right of states to safeguard their own rights by resorting to countermeasures as well as the obligation to settle their disputes by accepted and recognized diplomatic and judicial procedures. Both concepts are based on their own merits, which are assumed to be valid in contemporary international law. It is the primary purpose of this study to determine which rules and principles govern the relationship between the two concepts. The book's major findings arise from an analysis of scholarly work, supported by examples from five different case studies. Drawing insights from legal as well as political science, it will be a valuable resource for students, academics and policy makers in international law, international relations and related areas.

chapter |12 pages

Introduction

part 1|69 pages

The Institution of Self-Help

chapter |2 pages

Introduction

chapter Chapter 2|16 pages

The Objectives of Self-help

chapter Chapter 3|20 pages

Self-help Terminology

chapter Chapter 4|29 pages

The Normative Modalities

part 2|44 pages

Consensual Dispute Settlement: A Reflection of Self-Constraint

part 3|52 pages

Self-Contained Regimes

chapter |2 pages

Introduction

chapter Chapter 8|16 pages

The Concept of Self-contained Regimes

chapter Chapter 9|14 pages

The European Community

chapter Chapter 10|12 pages

The World Trade Organization

chapter Chapter 11|6 pages

Final Conclusions