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Article 22 ARSIWA recognises COUNTERMEASURES as a circumstance precluding wrongfulness, subject to:

Ano conditions whatsoever — any countermeasure is permissible (cf. ARSIWA 2001, Article 22 read with Articles 49-54) (cf. ARSIWA 2001, Article 22 read with Articles 49-54) (cf. ARSIWA 2001, Article 22 read with Articles 49-54)
Bonly approval of the UN Security Council in every case (cf. ARSIWA 2001, Article 22 read with Articles 49-54) (cf. ARSIWA 2001, Article 22 read with Articles 49-54) (cf. ARSIWA 2001, Article 22 read with Articles 49-54)
Conly domestic law of the implementing State (cf. ARSIWA 2001, Article 22 read with Articles 49-54) (cf. ARSIWA 2001, Article 22 read with Articles 49-54) (cf. ARSIWA 2001, Article 22 read with Articles 49-54)
DArticles 49-54 ARSIWA prescribing the OBJECT AND LIMITS of countermeasures (proportionate, reversible where possible, taken only in response to an internationally wrongful act, not affecting human rights or peremptory norms, etc.)
Answer & Solution
Correct answer: D. Articles 49-54 ARSIWA prescribing the OBJECT AND LIMITS of countermeasures (proportionate, reversible where possible, taken only in response to an internationally wrongful act, not affecting human rights or peremptory norms, etc.)
1. Article 22 ARSIWA: 'The wrongfulness of an act of a State not in conformity with an international obligation towards another State is precluded if and to the extent that the act constitutes a countermeasure taken against the latter State in accordance with chapter II of part three.' 2. Articles 49-54 govern countermeasures: (49) object and limits — countermeasures must be aimed at inducing the responsible State to comply with its obligations; (50) obligations not affected by countermeasures — including jus cogens, human rights, prohibition of force; (51) proportionality; (52) conditions relating to resort to countermeasures (call upon, notify, offer to negotiate); (53) termination upon compliance; (54) does not prejudice right of any State entitled to invoke responsibility to take lawful measures. 3. Air Services Agreement (USA v France), 1978 was a leading arbitration on countermeasures. 4. Hence option B is correct. _Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — ARSIWA 2001, Article 22 read with Articles 49-54_
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