نوع مقاله : علمی پژوهشی
1 نویسنده مسئول، دانشیار دانشکده حقوق دانشگاه شهید بهشتی
2 دانشجوی دکتری حقوق بینالملل دانشگاه تهران، پردیس قم
3 کارشناسی ارشد حقوق جزا و جرمشناسی، دانشگاه آزاد اسلامی، واحد بندرعباس
عنوان مقاله [English]
Counter Measures as means of persuading states to comply with their human rights commitments towards their own nationals have not been elaborated in the ILC articles on international responsibility of States. However, these measures are of great importance in the view of scholars and member States of international community. The lack of effective enforcement system for human rights commitments intensifies this importance. Notwithstanding this significance, the negative effects of applying countermeasures on human rights and humanitarian rights of the people of the target States and also the grave risks allowing such actions inflict on international affairs lead scholars to serious questions concerning the effectiveness of counter measures as means of persuading states to comply with their human rights commitments. As a matter of fact, there seems to be an unsettled conflict between the legal necessity of counter measures as enforcement means of human rights and the very negative political, economic and humanitarian effects of using such means.
- Books and Theses
- Documents and Press