International Law

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What are countermeasures?
Indicates wrongful acts that are justifiable because given in response to a breach (Article 49, Articles on State Responsibility)
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Rationale for countermeasures?
The prevailing principle is one of restoring the status quo ante: the purpose is to induce the wrong-doing State to comply with its obligations once more (Gabcikovo-Nagymaros Project) A temporary and reversible step (Crawford, 2002)
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Problems with countermeasures?
countermeasures are self-assessed and hence subjectively determined, Legal confusion of collective counter-measures in the case of erga omnes obligations means movment towards direction action like sanctions
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Sanctions are?
Sanctions are imposed collectively through international organisations UN Security Council, EU, OAS, ECOWAS, etc. Sanctions are punitive Impose a ‘final harm’ (Zoller, 1984) Are not necessarily conducted in response to a breach of an international ob
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Problems with sanctions?
Legal problems Regional organisations and Article 53 of the UN Charter The expanded role of the Security Council Practical problems Ethical problems
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Negotiation?
Used the most often in practice for obvious reasons: No involvement of third parties Both parties retain control of the dispute Flexible (Includes capacity to defer a solution, as with the Falklands dispute)
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Mediation?
Negotiation through a third party – which may be an international organisation Algeria’s role in the Iran/USA hostages dispute Papal mediation during the Beagle Conflict
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Inquiry?
A ‘commission of inquiry’ introduced by Hague Convention 1899 Destruction of the USS Maine Dogger Bank incident 1904 The Red Crusader incident 1962
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Card 2

Front

Rationale for countermeasures?

Back

The prevailing principle is one of restoring the status quo ante: the purpose is to induce the wrong-doing State to comply with its obligations once more (Gabcikovo-Nagymaros Project) A temporary and reversible step (Crawford, 2002)

Card 3

Front

Problems with countermeasures?

Back

Preview of the front of card 3

Card 4

Front

Sanctions are?

Back

Preview of the front of card 4

Card 5

Front

Problems with sanctions?

Back

Preview of the front of card 5
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