Unilateral Countermeasures
Unilateral Countermeasures
The most widely available forceful method of enforcing international law is the countermeasure. Countermeasures are regulated under the law of state responsibility. They are countermeasure to otherwise unlawful measures taken in response to a prior wrong, following notice by an injured state. Countermeasures must be proportional in the circumstances. They may include armed measures so long as the force used is minimal — such as in cutting nets of fishing vessels caught fishing in violation of treaties. Because economic measures are a common form of countermeasures, countermeasures are increasingly subject to prior adjudication by the World Trade Organization's Dispute Settlement Body. Thus, they increasingly resemble law enforcement measures of national legal systems.
Keywords: state responsibility, dispute settlement, proportionality
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