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The Legality of Unilateral Countermeasures in International Law Abstract The aim of this thesis is to examine the legality of unilateral countermeasures in international law. The term refers to measures adopted by a State in response to a wrongful act committed by another State in order to induce the wrongdoing State to comply with its obligations of cessation and / or reparation. Given the decentralized character of contemporary international law, countermeasures represent the effective mechanism of enforcement equally available (at least formally) to all States to seek the restoration of the legal relationship with the responsible State. Nevertheless, like other forms of self-help, countermeasures are liable to abuse, which is only aggravated by the controversial history of reprisals and factual inequalities between States. For this reason, countermeasures are lawful only if certain conditions are met. These conditions, nowadays codified in Draft Articles on Responsibility of States for Internationally Wrongful Acts, are the main subject of interest of this thesis, which is divided into four chapters. Chapter One deals with the concept of State responsibility and the enforcement of international law. Chapter Two is concerned with the role of countermeasures in international law, the International Law... |
