Materials on the Responsibility of States for Internationally Wrongful Acts

image of Materials on the Responsibility of States for Internationally Wrongful Acts
The present collection of materials reproduces the text of the State responsibility articles, with commentaries thereto, as presented in the Yearbook of the International Law Commission, together with the compilation of decisions recording 154 instances in which international courts, tribunals and other bodies referred to the articles and commentaries during the period from 1973 to 1996 when the draft articles were adopted on first reading, from 1996 to their adoption on second reading in 2001, and up to 31 January 2010.




This chapter deals with the conditions for and limitations on the taking of countermeasures by an injured State. In other words, it deals with measures, which would otherwise be contrary to the international obligations of an injured State vis-à-vis the responsible State. They were not taken by the former in response to an internationally wrongful act by the latter in order to procure cessation and reparation. Countermeasures are a feature of a decentralized system by which injured States may seek to vindicate their rights and to restore the legal relationship with the responsible State which has been ruptured by the internationally wrongful act.


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