International law, Sixth edition
particular, noted in its advisory opinion in the
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International Law MALCOLM N. SHAW
particular, noted in its advisory opinion in the Legality of the Threat or Use of Nuclear Weapons that, ‘Respect for the environment is one of the elements that go to assessing whether an action is in conformity with the principles of necessity and proportionality’ and thus in accordance with the right to self-defence. 90 83 Article 11 and see ILC Commentary 2001, p. 118. 84 ICJ Reports, 1980, pp. 3, 34–5; 61 ILR, pp. 530, 560. See also above, chapter 13, p. 755. 85 See e.g. M. Whiteman, Digest of International Law, Washington, 1970, vol. VII, pp. 837 ff.; Yearbook of the ILC, 1979, vol. II, part 1, pp. 21 ff.; ibid., 1980, vol. II, pp. 26 ff. and ILC Commentary 2001, p. 169. See also Nguyen Quoc Dinh et al., Droit International Public, p. 782, and A. V. Lowe, ‘Precluding Wrongfulness or Responsibility: A Plea for Excuses’, 10 EJIL, 1999, p. 405. 86 See article 20 of the ILC Articles. See further ILC Commentary 2001, p. 173. 87 See e.g. the dispatch of UK troops to Muscat and Oman in 1957, 574 HC Deb., col. 872, 29 July 1957, and to Jordan in 1958, SCOR, 13th Sess., 831st meeting, para. 28. 88 Article 21 and see also ILC Commentary 2001, p. 177. 89 See further below, chapter 20, p. 1131. 90 ICJ Reports, 1996, pp. 226, 242; 110 ILR, p. 163. 794 i n t e r nat i o na l l aw Article 22 of the ILC Articles provides that the wrongfulness of an act is precluded if and to the extent that the act constitutes a countermeasure. 91 International law originally referred in this context to reprisals, whereby an otherwise unlawful act is rendered legitimate by the prior application of unlawful force. 92 The term ‘countermeasures’ is now the preferred term for reprisals not involving the use of force. 93 Countermeasures may be contrasted with the provisions laid down in article 60 of the Vienna Con- vention on the Law of Treaties, 1969, which deals with the consequences of a material breach of a treaty in terms of the competence of the other Download 7.77 Mb. Do'stlaringiz bilan baham: |
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