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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Tamerlan Besaev
Counter-Measures in International Law
Jurisprudence
(Bachelor’s programme)
2017
T.A. Besaev

Counter-Measures in International Law

This graduate paper is aimed at reviewing the institute of countermeasures, analyzing the characteristics of this institute, and determining the place and role of countermeasures among other measures used in international law. The main objectives of this study are: a) to uncover the notion and legal nature of countermeasures; b) to identify subjects competent to use countermeasures; c) to highlight and detail the conditions under which countermeasures are considered lawful; d) to analyze the practical application of countermeasures.

Graduation qualification work consists of an introduction, three chapters, eight paragraphs, conclusions and a bibliographic list.

On the basis of the study, the following conclusions were made: firstly, countermeasures can be defined as unilateral coercive measures of a "horizontal" nature permitted by international law, taken in a decentralized order by the will of the injured State in order to ensure international law in the case when the violating state refuses to voluntarily fulfill responsibilities arising from the legal relationship; secondly, draft articles on responsibility of States for internationally wrongful acts 2001 provide goals and conditions, both material and procedural, countermeasures must correspond; thirdly, there is no clear regulation of the use of countermeasures by states other than the injured party at the moment, but there are no norms that would directly prohibit such actions; fourthly, there is no uniform practice on the use of countermeasures, which proves the need to improve mechanisms, both law-making and law enforcement in this area.

Academic Supervisor:

Vera Rusinova, Doctor of Juridical Sciences (National Research University “The Higher School of Economics”), Associate Professor, Department of Public and Private International Law, Faculty of Law, National Research University “The Higher School of Economics”.

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