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The role of outcasting in the world order

Published online by Cambridge University Press:  14 November 2018

GEIR ULFSTEIN
GEIR ULFSTEIN*
Affiliation:
Department of Public and International Law, University of Oslo, Postboks 6706 St. Olavs plass, 0130Oslo, Norway
*
*Email: geir.ulfstein@jus.uio.no
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Abstract:

The Internationalists is a fascinating book. The authors present a clear proposition about the significance of the 1928 Pact for the Renunciation of War for a more peaceful world. My focus is on the role of what the authors call outcasting, as an alternative to war. I argue that outcasting is hardly new. It has been known as reprisals or self-help, and currently as countermeasures. It is essential that such measures are brought under international control. What is more, the current US administration is a threat to the current world order. Other states and civil society need to continue to develop internationally controlled sanctions against violations of international law – also in the absence of the USA.

Keywords

countermeasuresinternational courtsinternational lawinternational organisationsuse of force
Type
Special Articles
Information
Global Constitutionalism , Volume 7 , Issue 3 , November 2018 , pp. 368 - 373
Copyright
Copyright © Cambridge University Press 2018 

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References

1 Hathaway, OA and Shapiro, SJ, The Internationalists: How a Radical Plan to Outlaw War Remade the World (Simon & Schuster, New York, NY, 2017).Google Scholar

2 Ibid 273.

3 Ibid 304.

4 Ibid 370. The authors have earlier discussed outcasting in more depth; see Hathaway, OA and Shapiro, SJ, ‘Outcasting: Enforcement in Domestic and International Law’ (2011) 121(2) The Yale Law Journal 252.Google Scholar

5 See (n 1) 375.

6 Ibid 373.

7 Ibid 375.

8 Ibid 375–6.

9 International Law Commission, Responsibility of States for Internationally Wrongful Acts (Yearbook of the International Law Commission, vol II (Pt Two) 2001).Google Scholar

10 Proukaki, EK, The Problem of Enforcement in International Law: Countermeasures, the Non-injured State and the Idea of International Community (Routledge, London, 2010) 85.Google Scholar

11 See (n 1) 378.

12 Ibid 379.

13 See Shaffer, G, Elsig, M and Puig, S, ‘The Extensive (but Fragile) Authority of the WTO Appellate Body’ (2016) 79(1) Law and Contemporary Problems 237, 246 with further references.Google Scholar

14 See (n 1) 382–5.

15 Ibid 381.

16 Chayes, A and Chayes, AH, The New Sovereignty: Compliance with International Regulatory Agreements (Harvard University Press, Cambridge, MA, 1995) 78.Google Scholar

17 See (n 1) 395.

18 Ibid 415.

19 Ibid 416.

20 Ibid.

21 Ibid 417.

22 Ibid.