Book contents
- Reciprocity in Public International Law
- Cambridge Studies in International and Comparative Law: 173
- Reciprocity in Public International Law
- Copyright page
- Contents
- Foreword
- Preface and Acknowledgments
- Introduction
- 1 Reciprocity at the Basis of Law and Society
- 2 What Is Reciprocity?
- 3 Treaties
- 4 Treatment of Individuals
- 5 Reciprocity in the Enforcement of International Law
- 6 Reciprocity and the Jurisdiction of International Courts and Tribunals
- Conclusion
- Select Bibliography
- Index
- Cambridge Studies in International and Comparative Law
2 - What Is Reciprocity?
Published online by Cambridge University Press: 23 February 2023
- Reciprocity in Public International Law
- Cambridge Studies in International and Comparative Law: 173
- Reciprocity in Public International Law
- Copyright page
- Contents
- Foreword
- Preface and Acknowledgments
- Introduction
- 1 Reciprocity at the Basis of Law and Society
- 2 What Is Reciprocity?
- 3 Treaties
- 4 Treatment of Individuals
- 5 Reciprocity in the Enforcement of International Law
- 6 Reciprocity and the Jurisdiction of International Courts and Tribunals
- Conclusion
- Select Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
This chapter expands on the concept of reciprocity, looking at how it can be defined, its key characteristics, and the three key functions it plays: in norm creation, as a condition, and in execution of the law. It examines the defining elements of reciprocity: proportionality, relativity, equality, and interdependence. The chapter goes on to examine the nature of reciprocity, and its relationship to custom and general principles, two sources of international law. It illustrates how it is reciprocity’s relationship with the structural characteristic of sovereign equality in international law that explains many of its roles and defining characteristics.
Keywords
- Type
- Chapter
- Information
- Reciprocity in Public International Law , pp. 43 - 68Publisher: Cambridge University PressPrint publication year: 2023