Discussion On Anti-measure Of State Responsibility System

Any legal system should have responsibility system, as well as International law.But International law's responsibility system development is slow, International law's imperfect responsibility system is one of reasons it is called the weak law,soft law.The International Law Commission's Draft Articles On Responsibility of States for Internationally Wrongful Acts has laid an important foundation for a Complete and unified liability system. Countermeasure system has been the academic debate Study of the system not only can perfect the system of the national responsibility,but it is a matter of national liability clause could eventually passed and formulation this will involve international law the future direction of development. So study of countermeasure system has important significance in theory and practice.This paper is divided into four parts.The first part is introduction. This thesis problems within proposed part and research significance, the research situation, research methods, etc do briefly introduced.The second part is the overview of the countermeasure system. Countermeasure system is a forming a new system of national responsibility law. The arbitration tribunal used the word countermeasures formally in Air Service Agreement case in 1978, then the United Nations international law committee, the United Nations international court the authorities have used the term, and soon the measures become the contemporary international law theory, case and practice a regular use of the term.Nowadays,countermeasure system mainly embodies in the formulation and development of national liability clauses draft. he second reading draft of this system can be said to be the latest development. The main contents include the purpose and the measures to limit, program requirements, substantial requirements, the collective countermeasure issues, including some dispute, basically have countermeasure and dispute settlement mechanism relationship problems, collective countermeasure question, emergency countermeasure question.The third part is the international dispute settlement mechanism of development.This paper discusses today's international dispute settlement mechanism of legalization and regularized development trends and international disputes jurisdiction of the more and more forced model, then give a conclusion:In order to improve national responsibility system, should make countermeasure system according with the trend of contemporary international social legalization and the assignment of the jurisdiction,controlling on the counter measure in the program. Make the country fully utilize other peaceful resolution of disputes method before takingcountermeasures. If one party want to take the measures shall undergo a third-party authoritative institutions, such as the international court, or request an authoritative international organization arrangement consisting of a temporary DSB dispute shall be for dispute settlement method or instructions.The fourth part is the conclusion. Conclusion to t makes further summary of the article argument ideas and conclusions. Perfecting the measures system and the dispute settlement mechanism, to improve the relationship between national responsibility system is beneficial to establish the authority of the international law, the nature of conducive to the strengthening of international law, and promoting the healthy and harmonious development of international relations. This is the result of this paper.Of course, a new system consummation may not come easily. This paper is just the tip of the iceberg f, the new viewpoint also needs to be the test of practice.This research method is mainly by method of history review the development of the system of review the measures and the development of international dispute settlement mechanism; To compare the research method of analysis of Chinese and foreign academies different perspective; To construct logical analysis of the new theory against measures system.