การใช้มาตรการตอบโต้โดยรัฐอื่นที่มิใช่รัฐผู้เสียหายตามร่างข้อบทว่าด้วยความรับผิดชอบของรัฐ / กฤษณศักดิ์ ศรีเบญจโชติ = Countermeasures by states other than the injured state based on the draft articles on responsibility of stastes for internationally wrongful acts / Krissanasak Sribenchachot
In an international law system, every state is deemed to be in equality due to their structure which is absent in centralization. Every state, therefore, has an independence to do any action which is regarded as a unilateral right of each state. This unilateral right comes from an own interest of states. If any state infringes the rights of other states, that infringing state shall be responsible to the result caused by 11s action. In this regards, countermeasures shall be one of the measures which enables the responsible state to conform to its obligations arising from its responsibilities. This dissertation is to study and analyze the issue of the countermeasures taken by a state other than an injured state in order to understand its concepts, background, principle, conditions and limitations. This will lead to the appropriate use of the countermeasures by a state other than an injured state for the interest of the international society. As to the finding of this research, the concept of the countermeasures by a state other than an injured state is accepted in both concept and states' practices as recognized by the jurisprudence of the international court, which as been constituted in the draft articles on responsibility of states under that the right of a state other than an injured state in counterattack. This shall incur when the collective interest: of the group of states or collective interest of the international community as a whole IS violated, and for the purpose of cessation of the internationally wrongful act. Nonetheless, preceding conditions on applying of that measure in practice as well as related articles under the draft articles on responsibility of states are not clear enough for a lawful exemption measure on the application of countermeasures which generally empower only an injured state to do so. Although the use of countermeasures by a state other than an injured state shall base on the notion of unilateralism theory which IS dangerous to the international law system, it is, nevertheless, necessary to apply the countermeasure for protection of collective interest of the group and/or collective interest of the international community as a whole, particularly, in an event that a mechanism at the multilateral level is not efficiently executed However. the principles and conditions as stipulated in the Draft articles of the International law Commission do reflect only a par: of lax lata of international law which is. however, necessary to be developed for more clarity.
