Chapter

Measures adopted in response to international terrorism

Kimberley N. Trapp

in State Responsibility for International Terrorism

Published in print June 2011 | ISBN: 9780199592999
Published online September 2011 | e-ISBN: 9780191729102 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592999.003.0005

Series: Oxford Monographs in International Law

Measures adopted in response to international terrorism

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Chapter 5 analyses the implementation of State responsibility for international terrorism through the adoption of non-military measures aimed at securing a wrongdoing State’s compliance with its secondary obligations of cessation and reparation, in particular the adoption of retorsive measures and countermeasures. It assesses potential problems with the adoption of countermeasures in the terrorism context, including the potential for misevaluating the wrongfulness of a target State’s conduct and continued uncertainty surrounding the legitimacy of collective countermeasures. Finally, Chapter 5 explores the extent to which sub-systems of international law, including diplomatic law and the WTO, affect the right to adopt countermeasures in response to breaches of international terrorism obligations, including the extent to which such sub-system exclude the application of the secondary rules of State responsibility or restrict the scope of their wrongfulness preclusion.

Keywords: Terrorism; retorsion; countermeasures; necessity; circumstances precluding wrongfulness; sub-systems of international law; World Trade Organization; International Civil Aviation Organization; diplomatic law

Chapter.  26020 words. 

Subjects: Public International Law

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