The Concept and Status of Countermeasures and Limitations of Resorting to International Law

Assad Ardalan, Samaneh Tehrani Safa


Acts of retaliation is an issue, which has been common in relations among states for a long time. When a state operated to the detriment of the other state due to its international criminal action, the state incurred a loss would retaliate at its discretion and according to its procedure. Sometimes, such as an action was not proportional to the committed offence at all. It was likely that the state incurred a loss would impinge on justice and inflict far great losses to that state. The plan of International Law Commission was first discussed responsibilities of states, stating that retaliatory measures should be taken according to some terms and conditions, infringements should be defined, and limitations of taking resort to that should be explained. Countermeasures are the measures that taking resort to them under normal conditions is against the international rules and regulations. Such measures are legal only under exceptional circumstances and they only aim to compel the responsible country to perform its obligations. The International Law Commission states that if countermeasures are not observed by the incurred state according to its requirements and principles, the state that took the measures shall take an international responsibility. Countermeasures were termed as retaliatory measures, retaliation, compensate one’s loss at different times.

Keywords: reciprocity, international responsibility, a breach of the obligation, the government suffered.

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ISSN (Paper)2224-3240 ISSN (Online)2224-3259

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