The Concept of Coercion in International Law

Abstract

This project [conference and edited book] will bring together original research in various contexts where coercion is at play, and would be fruitfully explored by theoretical, doctrinal, empirical studies in PIL. We can look both to longstanding tensions that remain unresolved or underexplored within PIL scholarship, as well as to topics that are emerging as practices change. Among the former, possible topics include the “use of force” doctrine delineated in the UN Charter, “duress” as a circumstances precluding responsibility (justification or excuse) under the law of state responsibility; as well as the different treatment of agents of the state under the laws of war, diplomatic immunity, and law of treaties. Among the latter, the currency of the topic is evident in emerging coercive mechanisms and forms of regulation of coercion in the context of (1) the doctrinal and institutional “fragmentation” of international law, (2) the emergence of international criminal law (ICL), the newly formulated definition of “aggression” in the ICC, as well as the elaboration of rules of evidence and procedure therein, (3) the tension and interplay between humanitarian law of armed conflict and human rights law, (4) the expanding scope and “legislative” force of sanctions imposed by the UN Security Council, and (5) economic sanctions and various intersections between inter-state trade, multinational corporate activity, and public and private violence. These examples are salient ones but by no means exhaustive; a few key themes and analytics will be developed below in order to help identify a relevant range of topics for the project.

Keywords: Coercion, International Law, WTO, sanctions, reprisals, enforcement