Monthly archive June, 2016

Third-party countermeasures: A progressive development of international law?

1. Introduction This short contribution will examine one of the great unresolved questions of contemporary international law: the position of third-party countermeasures.[1] The use of otherwise unlawful unilateral sanctions of a peaceful character taken by States referred to in Article 48 of the ILC Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) in...

Questioning the development of international law with regard to third-party countermeasures: Lessons from Libya, Syria, Ukraine and beyond

Introduced by Enrico Milano and Paolo Palchetti One of the most significant innovations in the 2001 ILC Articles on State Responsibility was the insertion of several provisions concerning the legal interests of the international community in enforcing international legality. And yet the possibility of non-injured States reacting to a violation of erga omnes obligations through...