Applying Principles of Shared Responsibility: Countermeasures Against Multiple Responsible Actors
29 Pages Posted: 19 Mar 2014
Date Written: March 17, 2014
International law in principle recognises the right of State to resort to countermeasures in response to prior wrongs. However, the regime of countermeasures cannot easily be applied to multilateral situations involving rights and obligations owed to groups of States. That much seems agreed as far as wrongful acts injure a plurality of States - witness long-standing debates about "third party reprisals" taken in defence of general interests.
The present paper looks at another multilateral setting, that of multiple responsible actor. It inquires whether the general right of States to respond to wrongs by way of countermeasure can be exercised against each of the wrongdoing States. In assessing this questions, it draws on the ILC texts on responsibility adopted in 2001 (ARSIWA) and 2011 (DARIO), on international practice, and on case-law.
Keywords: responsibility, countermeasures, reprisals, sanctions, Monetary Gold, state responsibility, shared responsibility, responsibility of international organisations
JEL Classification: K33, K41, K40
Suggested Citation: Suggested Citation