6 Compulsive Means of Settlement: Retortion and Reprisals

The non-peaceful borderland: coercion short of war — lawful or unlawfully-weighed pressure.1. Retortion: the unfriendly but lawful act in response — the legitimate reprisal's innocent cousin: the diplomatic recall, the visa denials, the tariff increases within treaty rights, the trade-preference withdrawal; lawful because within the actor's rights (no international wrong) — the pressure without the breach;2. Reprisals: the otherwise-unlawful act made lawful (conditionally) as a response to a priorinternational delinquency — the classical doctrine (the Naulilaa arbitration's conditions: a prior breach, proportionality, an unsatisfied demand-reparation sequence); the Charter era's fate: armed reprisals abolished (Article 2(4) — the Nicaragua and the era's jurisprudence: no forcible self-help); the non-forcible reprisal's survival as "countermeasures" — the modern law codified in the ILC's Articles on State Responsibility (ARSIWA, 2001): the injured state's temporary non-performance of obligations as inducement to restitution/ cessation; the conditions' discipline: proportionality, reversibility where possible, no violation of jus cogens, humanitarian obligations, or diplomatic protections; the notification and demand prerequisites;3. The older family's museum (the exam's short notes):embargo — the detention of the delinquent state's ships/goods in the retaliator's ports (the pre-Charter compulsive device; the modern sanctions-embargo's distinction — the Council's multilateral authorization vs. the unilateral coercion's Article 2(4) exposure); pacific blockade — the blockade without war (the 19th century's practice; its modern illegality — Unit 5); the bookkeeping conclusion: all…