Chapter

Judge Simma's Separate Opinion in the <i>Oil Platforms</i> Case: To What Extent are Armed ‘Proportionate Defensive Measures’ Admissible in Contemporary International Law?

Olivier Corten

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0053
Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed ‘Proportionate Defensive Measures’ Admissible in Contemporary International Law?

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This chapter challenges the argument that Bruno Simma developed his Separate Opinion in the Oil Platforms case, the first he signed as a judge, in November 2003. First, it exposes Simma's reasoning, and emphasizes its ambiguities concerning jus contra bellum. This ambiguity is further commented on in the following sections of the chapter. The chapter also shows that the illegality, de lege lata, of armed counter-measures, has not been challenged in recent years. Nevertheless, it is true that some types of proportionate defensive measures are not prohibited by the Charter, either in self-defence or in the exercise of sovereign police powers. Accordingly, it seems that the bulk of Simma's concerns could be addressed in the framework of existing international law.

Keywords: Bruno Simma; armed counter-measures; international law; defensive measures

Chapter.  10103 words. 

Subjects: Public International Law

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