Countermeasures, the International Legal System, and Environmental Violations: When Two Wrongs Make A Right for the Environment
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(a) The Purpose of Countermeasures and Its Effects on the Legality of Countermeasures

117

(b) Establishing the Violation: Actual Unlawfulness or Reasonable State’s View?

123

(c) The Imminence of the Violation, Anticipatory Countermeasures

128

(d) Injured States, Violations Erga Omnes, and Collective Countermeasures

129

(e) Countermeasures: A Remedy for States Only

139

Chapter 9: Procedural Conditions for Countermeasures

149

(a) Introduction

149

(b) Requesting the Responsible State to Fulfill Its Obligation

150

(c) Duty to Notify the Responsible State of the Prospective Countermeasures and to Offer Negotiations

154

Chapter 10: Considerations Related to the Taking of Countermeasures

167

(a) Interests Against Which Countermeasures Can Be Directed and Prohibited Countermeasures

167

(b) Proportionality

173

Chapter 11: Conditions That Might Preclude Countermeasures

189

(a) Introduction

189

(b) Ongoing Negotiations

189

(c) Access to an International Court or Tribunal or Other Effective Dispute Resolution Mechanism

193

(d) Dispute Already Submitted to an International Court or Tribunal

196