The Conditions And Limitations Of Countermeasures On The Law Of State Responsibility

Countermeasures on the Law of State Responsibility is one of the most important means of self-help measures of injured states when facing intemationally wrongful acts.On one hand,it played a determining role in the implementation of responsibility since their purpose was to induce the wrongdoing state to comply with its obligation not only of cessation,but also of reparation;on the other hand,it has been used as a tool of Western Powers to interfere in the internal affairs and has caused the perils of"instrument abuse".Therefore,the regime of countermeasures set forth in articles 22 and 49 tO 54 in The ILC'S draft articles on Responsibility of States for internationally wrongful acts provided a strict framework for taking countermeasures to avoid abuse,provided clearer limits and represented a fragile balance whose essential structure should be maintained. There are five chapters in this paper.The first chapter sets up theoretical basis for the whole paper,while the important and difficult questions are discussed from chapter two to chapter five.In chapter one,the conditions and limitations of countermeasures are summarized procedurally and substantially based on the historic track of countermeasures theories development of ILC.The differences and connection of several important concepts such as self-defense,sanction,revenge and retortion are distinguished.In addition,the countermeasures of WTO rules are defined as the special pattern on the law of state responsibility,which builds the base for the following illustrations.Chapter two focuses on the most controversial substantial face of countermeasures——whether States other than an injured State have the rights to adapt countermeasures.The writer discusses current problems and future development orientation of the face,based on making a summary and abstract of the legal documents of ILC related to its history and exiting roles, combined with frequent international practice.Chapter three tries to integrate theory with practice to show the Countermeasures requirement of principle of proportionality.Principle of proportionality includes appropriateness,necessity and special theory of proportionality,which is the key forjudgment.Chapter four analyzes that countermeasures cannot violate peremptory nornls of general international law,especially the obligation to refiain from the threat or use of force as embodied in the Charter of the United Nations, obligations for the protection of fundamental human rights and obligations of a humanitarian character prohibiting reprisals.Chapter five discusses how the dispute settlement procedures limit countermeasures.Before taking countermeasures,an injured State shall call upon the responsible State to fulfil its obligations,notify the responsible State of any decision to take countermeasures and offer to negotiate with that State(precluding urgent countermeasures). Countermeasures must be suspended once the internationally wrongful act has ceased or the dispute is pending before a court or tribunal which has the authority to make decisions binding on the parties.