Article 22 ARSIWA recognises COUNTERMEASURES as a circumstance precluding wrongfulness, subject to:
Answer & Solution
Correct answer: D.
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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