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Part V The Implementation of International Responsibility, Ch.81 Procedural Conditions

Yuji Iwasawa, Naoki Iwatsuki

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 June 2024

Reparations — Wrongful acts — Countermeasures — Necessity
The wrongfulness of countermeasures can be precluded only if the target State has committed an internationally wrongful act. However, the wrongfulness of the act of the target State will not have been objectively determined when countermeasures are taken. This uncertainty surrounding the wrongfulness of the initial act gives special importance to the procedural conditions for countermeasures. These conditions seek to ensure the legality of countermeasures by regulating when and under what circumstances the ‘injured’ State may unilaterally resort to...
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