In an anarchical society of independent states, unilateral measures
play an important role. Fortunately, this does not mean that most
states act unilaterally most of the time; on the contrary,
cooperation is the key word in most areas of international
relations and international law. However, in the absence of a
comprehensive judicial system or effective enforcement system,
states have and will continue to take unilateral measures to
enforce law and policies. Sometimes these measures only claim to
legality is the application of the countermeasures doctrine. This
landmark book by Dr. Hjortur Bragi Sverrisson, the Head of Legal
Affairs at EEA Grants, a development fund within the European Free
Trade Association (EFTA), examines the law of countermeasures in
the context of violations of international legal environmental
obligations of states. It reviews the source of authority of
states, namely, sovereignty, its interaction with the notion of
international law, and the limitation of the latter. An in-depth
review of the doctrine of countermeasures follows, by presenting,
contrasting, and critically analyzing the views of the classical
masters, as well as contemporary authors and other authoritative
sources. The book puts the theories into context by presenting
seven cases of states use, or threat of use, of unilateral remedies
to protect environmental interests. One must remember that
frustration, domestic politics, sovereign identity, and the need to
show resolve not only are all a recipe for unlawful
countermeasures, but also are often the underlying cause for such
measures. Therefore, the environment for a solid and politically
detached legal analysis regarding the flora of permissible measures
might not be the most favorable. However, the decision to take
countermeasures cannot be a spontaneous one; it has to be
meticulously analyzed, and proper steps have to be taken before
such measures are used. Only then can the countermeasures doctrine
form the basis for a legal and legitimate unilateral enforcement of
international law. By shedding a light on this labyrinth, this book
provides guidance for scholars and students, private actors, and
policy makers, as well as legal advisers to governments.
General
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