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International Law as Social ConstructThe Struggle for Global Justice$
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Carlo Focarelli

Print publication date: 2012

Print ISBN-13: 9780199584833

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199584833.001.0001

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(p.462) 8 Remedies
International Law as Social Construct

Carlo Focarelli

Oxford University Press

This chapter looks into the remedies against major breaches of international law in terms of sovereignty as responsibility. It focuses on the fact that the ‘new’ international law is the law of the global states system in which states have obligations on how to behave towards any individual within their jurisdiction. The concept of sovereignty as responsibility implies that it is primarily for states to protect the basic rights of individuals within their jurisdiction, and when they fail to do so, it is the international community that should intervene, in particular by collective and personal measures. Collective measures — including collective standing in international courts, universal jurisdiction in domestic courts, collective countermeasures, and humanitarian intervention — are often based on the existence of obligations erga omnes. Personal measures include targeted sanctions and criminal responsibility before international or hybrid courts.

Keywords:   sovereignty, international law breach, global states system, international community, collective remedy, erga omnes, criminal responsibility

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