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mitigates the costs of the resulting loss for the parties. This paper concentrates on the jurisdictional process. Jurists speak of the doctrine of proportionality in connection to this process of balancing. The doctrine of proportionality presents a test to determine whether the coercive effects of the

In: Journal of Moral Philosophy
Author: Ulf Linderfalk

1 Introduction For a long time, proportionality assessments have been conducted in the course of the application of international law in several areas, such as the law of armed conflict, international responsibility law, the law of the sea, World Trade Organization ( wto ) law, the law on the use

In: Nordic Journal of International Law

1 Introduction Proportionality is a general principle of international law that presupposes that an examination of a possible conflict between different rights will follow some general rational rules that have the goal of ensuring that even restricted rights will not be completely suppressed. 1