2010 Political Law, Q4

Choose the statement which appropriately completes the opening phrase:
“A State which resorts to retorsion in international law
must ensure that all states consent to its act.
cannot curtail migration from the offending state.
can expel the nationals of the offending state.
should apply proportionate response within appreciable limit.
None of the above.
Explain your answer. (2%)

Quick check

What characterizes a state measure as retorsion under public international law?

Why is the expulsion of foreign nationals considered a classic example of retorsion?

How does retorsion differ fundamentally from countermeasures under international law?

Does a State require the consent of third states to lawfully execute a measure of retorsion?

Which of the following acts constitutes a permissible measure of retorsion by a host State?

Learn more about these topics

1. Retorsion Concept
Under public international law, retorsion refers to an unfriendly, retaliatory act taken by a sovereign State in response to a prior unfriendly or illegal act of another State. Unlike countermeasures or reprisals, retorsion consists exclusively of acts that are intrinsically legal under international law and lie within the State's lawful sovereign discretion. Common examples include severing diplomatic relations, revoking economic concessions, imposing trade restrictions, or expelling foreign nationals, provided no treaty obligations are breached.

2. Sovereign Power Expulsion
A State possesses inherent territorial sovereignty under international law, giving it broad authority to regulate the entry, stay, and expulsion of foreign nationals within its borders. Unless limited by specific treaty commitments, a State may lawfully curtail migration or expel citizens of an offending nation as a measure of retorsion. Because expulsion of aliens is intrinsically lawful under general international law, exercising this power in response to an unfriendly foreign action remains a permissible retorsion.

3. Retorsion vs Countermeasures
Retorsion differs fundamentally from countermeasures and armed reprisals under the law of state responsibility. While countermeasures involve acts that would ordinarily be internationally wrongful but are justified by a prior unlawful act, retorsion consists of acts that are always legal. Consequently, retorsion does not require prior notification or procedural prerequisites mandated for countermeasures. Furthermore, retorsion is an act of sovereign self-help that requires neither third-state consent nor authorization from international organizations like the United Nations Security Council.

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