ARS Draft Articles on the Responsibility of States for Internationally Wrongful Acts (UN GA RES 56/83 2001)
ARS
Draft Articles on the Responsibility of States for Internationally Wrongful Acts (UN GA RES 56/83 2001)
- Before taking countermeasures, an injured State shall:
(a) Call upon the responsible State, in accordance with article 43, to fulfil its obligations under part two;
(b) Notify the responsible State of any decision to take countermeasures and offer to negotiate with that State.
- Notwithstanding paragraph 1 (b), the injured State may take such urgent countermeasures as are necessary to preserve its rights.
- Countermeasures may not be taken, and if already taken must be suspended without undue delay if:
(a) The internationally wrongful act has ceased; and
(b) The dispute is pending before a court or tribunal which has the authority to make decisions binding on the parties.
- Paragraph 3 does not apply if the responsible State fails to implement the dispute settlement procedures in good faith.
Imported: