Abstract

DIAZ PEREZ, Yusmari. Countermeasures in Public International Law: a philosophical, policy and legal perspective. UH [online]. 2019, n.288, pp.301-321.  Epub Sep 01, 2019. ISSN 0253-9276.

The legal regime of countermeasures is one of the issues of relevance in Public International Law. It has its origin in the so-called self-defense measures. The countermeasures constitute an element of a decentralized system whereby States, when their right is violated, can seek the restoration of the legal relationship with the responsible State, which has been broken by the internationally wrongful act, without the use of armed force and being adopted temporarily and reversibly. The International Law Commission included the terminology countermeasures in the Draft Articles on the Responsibility of States for Internationally Wrongful Acts as a clause excluding illicitness. From the regulations carried out there is a concern that this self-help form could lead to rights abuses. International Law goes through this figure with the care to maintain the balance between its acceptance and the convenience of its application.

Keywords : Countermeasures; Public International Law; sovereignty; self-defense; use of force.

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