Principles and conditions for the application of countermeasures in the contemporary international law
The article is devoted to the study of the conditions for the use of countermeasures in the contemporary international law. The application of countermeasures is not sufficiently regulated by the written norms of international law and is predominantly non-codified in a customary manner. The type and size of the countermeasures must be proportional to the offense committed, and the use countermeasures may be recognized as lawful only if the injured State or an international organization puts the offender in a position to comply with its obligations and notify of possible countermeasures. The basic principles of the application of countermeasures are the following: countermeasures should apply only to the State which has committed an internationally wrongful act; the unlawful nature of the act must be determined solely on the basis of the norms of international law; the purpose of applying countermeasures is to restore legitimate rights and interests of the victim only; countermeasures should ensure the return to the previous state that existed prior to the commission of an international offense and should not cause irreparable damage; the application of countermeasures is temporary only. The use of countermeasures is permissible only in case of exhaustion by the victim of other parties not connected with the use of means of protection of their rights and should be terminated when the violated right will be restored. Certain international obligations cannot be terminated in the order of application of countermeasures against the offender. These include, in particular, the obligation to refrain from using force or threat of force, an obligation to protect fundamental human rights, humanitarian obligations and other obligations arising from imperative norms of general international law.
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Elagab O. (1999). The Place of Non-Forcible Counter-Measures in Contemporary International Law. Oxford: Oxford university Press.
Resolution A/RES/56/589 adopted by the General Assembly United Nations 12 December 2001. (2001). URL: http://www.un.org/documents/ga/docs/56/a56588.pdf.
Cherniavskyi, A.L. (2008). Kryterii pravomirnosti zastosuvannia kontrzakhodiv u mizhnarodnomu pravi. Pravovyi visnyk Ukrainskoi akademii bankivskoi spravy, 1 (1), 86–91 [in Ukrainian].
Alland, D. (2002). Countermeasures of General Interest. European Journal of International Law. Vol. 13, 5, 1221–1239.
Crawford, J. Counter-measures as Interim Measures. European Journal of International Law. 1994. Vol. 5, 1, 65–76.
Tomuschat, C. (1994). Are Counter-measures Subject to Prior Recourse to Dispute Settlement Procedures? European Journal of International Law. Vol. 5, 1, 77–87.
The Articles on Responsibility of States for internationally wrongful acts (2001). URL: http://www.un.org/documents/ga/docs/56/a56588.pdf.
Bowett, D.W. (1998). Crimes of State and the 1996 Report of the International Law Commission on State Responsibility. European Journal of International Law. Vol. 9, 1, 163–173.
Zoller, E. (1984). Peacetime Unilateral Remedies: An Analysis of Countermeasures.Los Angeles: Transnational Publishers.
United Nations Convention on the Law of the Sea (1982). URL: http://www.un.org/Depts/los/convention_agreements/texts/unclos/closindx.htm.
Charter of the United Nations (1945). URL: http://www.un.org/aboutun/charter/index.html.
Damrosh, L. (1980). Relation or Arbitration or Both? American Journal of International Law. Vol. 74, 3, 801–805.
Crawford, J. (1999). Revising the Draft Articles on State Responsibility. European Journal of International Law. Vol. 10, 2, 435–460.
Arangio-Ruiz, G. (1994). Counter-measures and Amicable Dispute Settlement Means in the Implementation of State Responsibility: A Crucial Issue before the International Law Commission. European Journal of International Law. Vol. 5, 1, 20–53.
Simma, B. (1994). Counter-measures and Dispute Settlement: A Plea for a Different Balance. European Journal of International Law. Vol. 5, 1, 102–105.
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