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Solidarity Measures in the International Law Commission̛s Articles on the Responsibility of States for Internationally Wrongful Acts

100%
Lis E.
Studia Prawnicze
|
2013
|
issue 4 (196)
5-54
EN
In 2001 the International Law Commission (ILC) has been successfully completed its work on the topic of state responsibility for internationally wrongful acts. This study presents an analysis which focuses on the ILC work on the issue of collective countermeasures taken in response of breach of an obligation owed to the international community as a whole. That conception was one of the most sensitive area in its work on state responsibility. Furthermore, ILC raises fundamental question about subject entitled to take such measures. Unfortunately the adoption of this Articles has been far from the answer to that question. Article 54 limits the right of the state entitled under article 48 to use lawful measures rather than countermeasures. ILC in its commentary stated that state practice on this subject is limited and embryonic. However, ILC mentioned a few examples in which the state, other than the injured, responds to the breach of the obligations for the protection of the general interest. The purpose of this analysis is to provide evidence that there is well established state practice in support of a right of the state other than the injured to take solidarity measures in reaction to serious violation of the obligation taken in collective interest. Moreover it was demonstrated that from Grotius international legal theorists have been accepted the idea of the enforcement international law in case of the breach of its fundamental norms by the state other than directly injured. The concept of collective countermeasures, in a decentralized international legal system which lacks, as W. Riphagen said, “policeman of the international community”, fills a legal gap and safeguards the effective enforcement of fundamental international community interest.
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