Demands for Effectiveness in Countermeasures: Critical Study on International Practice

Abstract

According to the ILC Articles on State Responsibility, countermeasures are deemed acceptable only in order to induce a responsible state to comply with the obligations to cease wrongful act and make reparation (the 'requirement of purpose'). It is this requirement that reflects the objective of countermeasures-that is, that countermeasures are 'instruments' for inducing compliance. Although prior research on the requirement has been sparse, further clarification and specification regarding the requirement must be conducted for the following two reasons. Firstly, it would contribute to preventing the abuse of the plea of countermeasures. Secondly, effectiveness in inducing compliance should be demanded in order to eliminate measures that have little or no effect on inducing compliance. Based on the two perspectives, it would seem that the requirement of purpose should demand that countermeasures be effective in inducing compliance. With this problem in mind, this paper considers international practices within the confines of the requirement of purpose. Subsequently, in light of the quest for effective countermeasures, the paper critically evaluates a recent countermeasure trend.

Keywords: state responsibility, countermeasures

JEL Classification: K33