ABSTRACT

ON E of the most striking things to anyone starting to read about remedies in internationallaw, whether self-help or judicial remedies, is that they tend to be treated as a distinct subject, often merely as an afterthought. That is, the substantive rules on particular areas are discussed; wh at States should do is considered. But ifthe consequences of breaches of these rules are mentioned at an in this context this usuaIly just takes the form of an examination of State protests at the behaviour of other States as evidence of the content and existence ofthe suggested rule. 2 After the discussion of substantive law there may follow separate sections on State responsibility and international claims, on judicial settlement and on reprisals, often included in the discussion of the use of force. It is clear why this pattern has been commonly adopted for its convenience is obvious, but it does carry with it a danger of distortion. And even though there are signs that slightly more attention is now being paid to remedies in internationallaw, 3 the tendency is still to treat remedies separately from the substantive rules, as a coherent separate subject.