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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed ‘Proportionate Defensive Measures’ Admissible in Contemporary International Law?

Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed ‘Proportionate Defensive Measures’ Admissible in Contemporary International Law?

Chapter:
(p.843) Judge Simma's Separate Opinion in the Oil Platforms Case: To What Extent are Armed ‘Proportionate Defensive Measures’ Admissible in Contemporary International Law?
Source:
From Bilateralism to Community Interest
Author(s):

Olivier Corten

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0053

This chapter challenges the argument that Bruno Simma developed his Separate Opinion in the Oil Platforms case, the first he signed as a judge, in November 2003. First, it exposes Simma's reasoning, and emphasizes its ambiguities concerning jus contra bellum. This ambiguity is further commented on in the following sections of the chapter. The chapter also shows that the illegality, de lege lata, of armed counter-measures, has not been challenged in recent years. Nevertheless, it is true that some types of proportionate defensive measures are not prohibited by the Charter, either in self-defence or in the exercise of sovereign police powers. Accordingly, it seems that the bulk of Simma's concerns could be addressed in the framework of existing international law.

Keywords:   Bruno Simma, armed counter-measures, international law, defensive measures

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