linguistic:translation, stylistic:tone, information:extraction
Third-Party Countermeasures

As a result of significant risks of abuse associated with the use of third-party countermeasures, and strong opposition in the International Law Commission during the drafting of the ARSIWA, "The ARSIWA do not directly address whether non-injured states invoking the responsibility of a breaching state...can take countermeasures." According to a Stanford Law Review article, while ARSIWA Article 48(1) says that it is permissible for a third-party state to make claims on another state, including claims for reparation, when "acting in the interest of the injured party", and while ARSIWA Article 54 allows third-party states "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", this falls short of authorizing third-party countermeasures. This is further made clear by the commentary to Chapter II of Part Three of the ARSIWA (dealing with countermeasures), para. 8, which says, "This chapter does not purport to regulate the taking of countermeasures by States other than the injured State". Without access to countermeasures as an enforcement action, third party states would be limited to those remedies available under Article 48, which would be to make claims for cessation of the internationally wrongful act, and for non-repetition and/or reparation, but they would not be able to wield more potent weapons, such as the freezing of funds in their possession, since this would not be protected by Article 22 from charges of wrongfulness, as legitimate countermeasures are.