‘To deter and counteract economic coercion’: the puzzle of countermeasures in the European Union’s Anti-Coercion Instrument

Journal article

This article considers the question of countermeasures in the European Union’s (EU) Anti-Coercion Instrument, adopted in December 2023 with the aim of deterring and counteracting economic coercion by Third States. In the sweep of cases under the ACI, measures adopted by the EU will be implemented by all of its Member States, including non-injured Member States. This raises the problem of the legal basis for the conduct of these non-injured Member States, where that conduct is inconsistent with those States’ obligations to the Third State. After addressing the questions of the apportionment of obligations and attribution, we consider four potential legal bases that might justify such action: (i) countermeasures in the general interest; (ii) proxy countermeasures; (iii) a functional justification; and (iv) a justification flowing from the EU’s special character. We argue that none of these legal bases can justify certain of the measures anticipated by the ACI. In conclusion, if the EU does wish to press its legal claim to act collectively in response to the coercion of individual Member States, we consider the optimal way for the law to develop.

Authors: Jackson, M; Paddeu, F

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Oxford University Press
• Journal: Journal of International Economic Law
• Volume: 28
• Issue: 4
• Pages: 567–588
• Publication date: 2025-12-22
• Acceptance date: 2025-11-21
• DOI: 10.1093/jiel/jgaf047
• EISSN: 1464-3758
• ISSN: 1369-3034
• Language: English