Edited by Anthony F. Lang and Antje Wiener
Chapter 19: Proportionality as a global constitutional principle
Three versions of the principle of proportionality exist in international law, with different constitutional functions. The horizontal version 1 applies, inter alia, in the field of countermeasures. The principle here refers to the relation between action (breach of international law) of the state and the admissible reaction of another state. The diagonal version 2 concerns the relation between and national public interest and particular interests, of individuals (for example, in international humanitarian law), or of investors. The vertical version 3 refers to the relation between a global public interest, for example, in free trade, and particular interests of states.
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