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The stoppage is a valid countermeasure in the part of Azuria.

The stoppage of trade relation towards Raceve in the part of Azuria


is a valid form of countermeasure for an internationally wrongful act that
was done by Raceve. A countermeasure refers to the actions taken by
States to respond to a prior negative action that would violate international
law but for the prior wrong. 1 In this case the internationally wrongful act
that was done by Raceve was the violation of the human rights of the
Nomis couple.
According to Article 1 of the Responsibility of States for
Internationally Wrongful Acts, every internationally wrongful act done by a
State entails the international responsibility of the State. 2 There are two
elements that constitute an internationally wrongful act. 3 This consists of
an action or omission:
a) Is attributable to the State under international law4; and
b) Constitutes a breach of an international obligation of the
State.5
On the case at bar, Raceves action constitute an internationally
wrongful act since it was caused to another state and it was a breach of

1
2 Article 1 of the Responsibility of States for Internationally Wrongful Acts
available at http://www.ilsa.org/jessup/jessup06/basicmats2/DASR.pdf (last
accessed March 25, 2015)
3 Article 2 of the Responsibility of States for Internationally Wrongful Acts
available at http://www.ilsa.org/jessup/jessup06/basicmats2/DASR.pdf (last
accessed March 25, 2015)
4 Id.
5 Id.

an international obligation specifically the human rights obligation of the


state. Therefore a countermeasure is valid.
According to Article 49 of the Responsibility of States for
Internationally

Wrongful

countermeasures

against

Acts,

an

injured

State

which

State
is

may

only

responsible

take

for

an

internationally wrongful act in order to that State to comply with its


obligations.6 In the case on hand, Raceve commited an international
wrongful act by violating the human rights of the Nomis couple-this gives
justification for Azurias countermeasures of the stoppage of trade
relations.
Before taking countermeasures, Article 52 of the Responsibility of
States for Internationally Wrongful Acts states that an injured state shall:
a) Call on the responsible State, in accordance with the notice
of claim clause of the Responsibility of States for
Internationally Wrongful Acts7; and
b) Notify the responsible State of any decision to take
countermeasures and offer to negotiate with that State. 8
In this case, Azuria did not comply with this because of the urgent
necessity of the countermeasure to protect the human rights of the Nomis

6 Article 49 of the Responsibility of States for Internationally Wrongful Acts


available at http://www.ilsa.org/jessup/jessup06/basicmats2/DASR.pdf (last
accessed March 25, 2015)
7 Paragraph 1 of Article 52 of the Responsibility of States for Internationally
Wrongful Acts available at
http://www.ilsa.org/jessup/jessup06/basicmats2/DASR.pdf (last accessed March
25, 2015)
8 Id.

couple. This article also states that the injured State may take such urgent
countermeasure as are necessary to preserve its rights.9
This countermeasure is temporary because it can be terminated
any time by the injured given that the responsible State has complied with
its obligations under Part Two of the Responsibility of States for
Internationally Wrongful Acts (Content of the International Responsibility of
a State) in relation to the internationally wrongful act.

10

9 Paragraph 2 of Article 52 of the Responsibility of States for Internationally


Wrongful Acts available at
http://www.ilsa.org/jessup/jessup06/basicmats2/DASR.pdf (last accessed March
25, 2015)
10 Article 53 of the Responsibility of States for Internationally Wrongful Acts
available at http://www.ilsa.org/jessup/jessup06/basicmats2/DASR.pdf (last
accessed March 25, 2015)