7 Countermeasures against the Responsible Transit State

Subject(s):

ECT (Energy Charter Treaty)

This chapter analyses the availability of countermeasures, as a means of implementing the responsibility of the transit state (or international organization), in a particular form: that of suspending performance of obligations in the treaty breached by the transit state. Such exclusion may result either from the nature of obligations to be suspended as a countermeasure or from special treaty provisions that exclude countermeasures as circumstances precluding wrongfulness. Additionally, it examines the conditions of lawfulness of countermeasures under customary international law and explains that these conditions may restrict the choice as to the form that countermeasures may take, when they are available within and outside the treaty breached by the responsible transit treaty party.