1. Proportionality

2. Existence
Provide examples of its application!

3. Function and meaning Why are proportionality assessments made?
What is weighed?
”Countermeasures must be commensurate with the injury suffered, taking into account the gravity of the internationally wrongful act and the rights in question.” (ARSIWA, Art. 51)
”An injured State may only take countermeasures against a State which is responsible for an internationally wrongful act in order to induce that State to comply with its obligations under part two.” (Art. 49)
How is weight assigned?
What determines the outcome of the weighing process?

4. Black Sea Maritime Delimitation (2009)
The three stages of the delimitation process
The proportionality principle
”The disproportionality test”
Disparity between coastlines 1:2,8
Disparity between sea areas apportioned 1:2,1

5. Animal Defenders International (2013)
Art. 10(2):
“The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”

6. Animal Defenders International (2013)
Government:
The prohibition is necessary to avoid the unacceptable risk that the political debate would be distorted in favour of deep pockets funding advertising in the most potent and expensive media. Unregulated broadcasting of paid political advertisements would turn democratic influence into a commodity which would undermine impartiality in broadcasting and the democratic process.

7. Animal Defenders International (2013)
“[T]he Court has to do is to look at the interference complained of in the light of the case as a whole and determine whether it was ‘proportionate to the legitimate aim pursued’ and whether the reasons adduced by the national authorities to justify it are ‘relevant and sufficient’.” (para 100)
Margin of appreciation afforded
Prohibition was specifically circumscribed
Broadcasted advertisements are very expensive
A European consensus is lacking
“[The Court] does not consider that the impact of the prohibition in the present case outweighs the above-described convincing justifications for the general measure”.

8. Oil Platforms (2003) US-Iran Treaty of Amity (1955):
“Between the territories of the two High Contracting Parties there shall be freedom of commerce and navigation.” (Art. X)
“The present Treaty shall not preclude the application of measures …necessary to fulfill the obligations of a High Contracting Party for the maintenance or restoration of international peace and security, or necessary to protect its essential security interests.” (Art. XX)

9. Oil Platforms (2003) The attack on USS Samuel B Roberts
Operation Praying Mantis
The strike at Salman and Nasr platforms
”The Court cannot assess in isolation the proportionality of that action to the attack to which it was said to be a response … As a response to the mining … of a single United States warship, which was severely damaged but not sunk, and without loss of life, neither ‘Operation Praying Mantis’ as a whole, nor even that part of it that destroyed the Salman and Nasr platforms, can be regarded in the circumstances of this case, as a proportionate use of force in self- defence.” (para 77)

10. Time for reflection and comparison
Why are proportionality assessments made?
What is weighed?
How is weight assigned?
What determines the outcome of the weighing process?