Countermeasures = way to implement such responsibility when there is no consent
=> countermeasures : unlegal measures taken/wrongful act (second breach) in response to a first violation ex : suspend a trade treaty,...
≈ self-redress measures (non-forcible reprisals), not prohibited by international law (except armed reprisals <> countermeasures)
=> art 22, 49, 53, 54
author : injured State
target : the responsible State only
aim : induce the State to comply with its obligations (+ cessation, reparation, assurances and guarantee of non-repetition) => law enforcement measures
temporary by nature (terminated when the State obeys)
<> armed reprisals (Nicaragua vs USA : proportionate countermeasure)
<> punitive measures
<> retorsions (legal unfriendly measures) ex : postponing a visit, terminating bounds between states,..
art 50 : some obligations (integral) may not be affected by countermeasures : they need the necessity to protect the rights
ex : protection of fundamental human rights,...
and a State taking countermeasures is not retrieved from fulfilling its obligations under any dispute procedure and to respect the inviolability of diplomatic agents, premises, archives and documents (other can be!).
art 51 and must be proportionate (ex : Gabcikovo-Nagymaros : quantitative and qualitative)
art 44 et 45 : rules of diplomatic rules (inviolability of diplomatic mission) : self-contained regime which defines receiving State's obligations (immunities, privileges,..) and also prevents abuse from the member of the mission. A dipmomatic agen can be arrested if he commits a crime..
Within EU (1964) : an injured state cannot refuse performance on its own (exception contractus) => new legal order
art 52 : before taking countermeasures, the injured State shall call upon the responsive State to fulfill its obligations and notify of any decision to take countermeasures to preserve its rights (ex : Hungaria/Slovakia) (except if urgent); it must not begin or end if the wrongful act ceases or if the dispute is pending before a court (in good faith)