Reciprocity in Public International Law

This book challenges the notion that reciprocity is opposed to communitarian interests in contemporary international law and highlights its central role in the structure of sovereign equality of States. It provides an in-depth analysis of the concept and its applications in various fields of public international law,including treaties, individual treatment, international law execution, and jurisdiction of international courts and tribunals.

Format: Hardback
Length: 256 pages
Publication date: 02 March 2023
Publisher: Cambridge University Press

Reciprocity is often perceived as a concept that contradicts the communitarian interests that underpin contemporary international law or as a mere response to hostile or wrongful behavior. This book challenges this notion and emphasizes how reciprocity is intrinsically tied to the structural principle of sovereign equality among states in international law. In order to accomplish this, the book conducts a comprehensive examination of the concept of reciprocity, exploring its defining characteristics and the various roles and manifestations of reciprocity across different fields of public international law.

The law of treaties is one area where reciprocity plays a significant role. The book examines how treaties are established, interpreted, and enforced, and highlights how reciprocity is a key factor in the formation and maintenance of treaty relations. It explores how states engage in mutual obligations and benefits through treaty agreements, and how reciprocity shapes the interpretation and application of treaty provisions.

Another area where reciprocity is prominent is in the treatment of individuals. The book examines how states treat individuals who are subject to their jurisdiction, whether they are citizens or non-citizens. It explores how reciprocity influences the rights and obligations of individuals, as well as the mechanisms available to them for seeking redress when their rights are violated.

The execution of international law is yet another area where reciprocity is crucial. The book examines how states cooperate and coordinate their actions to implement international agreements and obligations. It explores how reciprocity shapes the process of international dispute resolution and the role of international institutions in promoting and enforcing international law.

Finally, the jurisdiction of international courts and tribunals is another area where reciprocity plays a significant role. The book examines how states establish and exercise jurisdiction over international cases, and how reciprocity influences the choice of forum and the procedures employed in international litigation. It explores how reciprocity shapes the interpretation and application of international law in these forums.

Throughout the book, numerous examples are provided to illustrate the close relationship between reciprocity and the structure of public international law. These examples range from traditional treaty cases to contemporary issues such as the treatment of refugees and the responsibility to protect. By examining these examples, the book demonstrates how reciprocity is a fundamental principle that underpins the functioning of the international legal system.

In conclusion, this book offers a fresh perspective on the concept of reciprocity in international law. It challenges the notion that reciprocity is merely a response to hostile behavior and emphasizes how it is an integral part of the structural framework of international law. By examining the various roles and articulations of reciprocity across different fields of public international law, the book provides valuable insights into the functioning of the international legal system and the ways in which states can cooperate and coordinate their actions to promote peace, security, and justice.

Weight: 568g
Dimension: 236 x 160 x 23 (mm)
ISBN-13: 9781108845588