Proportionality has long been a mysterious topic in international law. Its critics have tended to highlight its inherent indeterminacy and the subjective character of its assessment. They argue that this indeterminacy undermines the capacity of rules based on proportionality to define a predictable frame of reference for state conduct. Nonetheless, proportionality is over time becoming a constant presence in the international legal landscape. It is frequently referred to in legal scholarship and case law as a useful legal device, capable of explaining the...
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