(
b)
to respect the inviolability of diplomatic or consular agents, premises, archives and documents.
Article 51
Proportionality
Countermeasures must be commensurate with the injury suffered, taking into account
the gravity
of the internationally wrongful act and the rights in question.
Article 52
Conditions relating to resort to countermeasures
1. Before taking countermeasures, an injured State shall:
(
a)
call upon the responsible State, in accordance with article 43, to fulfil its obligations under part
two;
(
b)
notify the responsible State of any decision to take countermeasures and
offer to negotiate with
that State.
2. Notwithstanding paragraph 1 (
b), the injured State may take such urgent countermeasures as
are necessary to preserve its rights.
3. Countermeasures may not be taken, and if already taken must be suspended without undue
delay if:
(
a)
the internationally
wrongful act has ceased; and
(
b)
the dispute is pending before a court or tribunal which has the authority to make decisions binding
on the parties.
4. Paragraph 3 does not apply if the responsible State fails to implement the dispute settlement
procedures in good faith.
Article 53
Termination of countermeasures
Countermeasures shall be terminated as soon as the responsible State has complied with its
obligations under part two in relation to the internationally wrongful act.
Article 54
Measures taken by States other than an injured State
This chapter does not prejudice the right of any State, entitled under article 48, paragraph 1, to
invoke the responsibility of another State, to take lawful measures against that State to ensure cessation
of the breach and reparation in the interest of the injured State or of the beneficiaries of the obligation
breached.
P
ART FOUR
G
ENERAL PROVISIONS
Article 55
Lex specialis
These articles do not apply where and to the extent that the conditions for the existence of an
internationally wrongful act or the content or implementation of the international responsibility of a
State are governed by special rules of international law.
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