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%)
Suggested answer only. Not an official answer and not legal advice.
A State which resorts to retorsion in international law can expel the nationals of the offending state.
Under international law, retorsion is an unfriendly or retaliatory act taken in response to an unfriendly act of another State, consisting of conduct that is intrinsically lawful and within its sovereign rights. Flowing from sovereignty, a State has the inherent power to restrict or expel foreign nationals from its territory.
Here, expelling nationals of the offending State is a valid retorsion as an unfriendly yet lawful exercise of sovereign power. It requires no foreign consent and permits curtailing migration.
Therefore, the statement that a State resorting to retorsion can expel the nationals of the offending state appropriately completes the phrase.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What characterizes a state measure as retorsion under public international law?
Retorsion consists of an unfriendly or retaliatory act that is inherently lawful under international law.
Why is the expulsion of foreign nationals considered a classic example of retorsion?
Expulsion of aliens is a lawful exercise of sovereign authority, making it a valid act of retorsion.
How does retorsion differ fundamentally from countermeasures under international law?
Retorsion consists of inherently legal acts, while countermeasures involve otherwise wrongful acts justified by a prior breach.
Does a State require the consent of third states to lawfully execute a measure of retorsion?
Retorsion is an exercise of sovereign rights that requires no consent from third states.
Which of the following acts constitutes a permissible measure of retorsion by a host State?
Curtailing migration and expelling foreign nationals are lawful sovereign actions constituting valid retorsion.
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.