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- Under international law, a State responsible for an international wrongful act must make full reparation for the injury caused by the internationally wrongful act. 1 For such obligation to arise, damage is not required, rather an injury suffices. 2 In Chorzów, the leading case in this context, the Permanent Court of International Justice determined that the obligation to make full reparation entails “wip [ing] out all the consequences of the illegal act and reestablish [ing] the situation which...
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Sep 9, 2024 · This paper argues that the amount of compensation under the ‘full reparation’ standard can be reduced on four grounds: (i) depressed energy price in the peak demand era, (ii) unviability of fossil fuel projects, (iii) international environmental obligations, and (iv) international environmental principles.
Feb 1, 2021 · The full reparation principle applies in international law and may lead to higher compensation through the Chorzów principle, which uses the principle of fair market value (FMV), as is...
Jul 28, 2024 · Such rules provide guidance on issues such as eligibility, causation, attribution, mitigation, treatment of risk, indeterminacy, and the relevance of after-acquired knowledge, ultimately determining the difference between measurable loss and compensable loss.
With respect to the form of reparation, the Draft Articles on State Responsibility provide that “full reparation for the injury caused by the internationally wrongful act shall take the form of restitution, compensation or satisfaction, either singly or in combination”.
- Preamble
- II. Scope of The Obligation
- IV. Statutes of Limitations
- VI. Treatment of Victims
- VII. Victims’ Right to Remedies
- VIII. Access to Justice
- IX. Reparation For Harm Suffered
- XI. Non-Discrimination
- XII. Non-Derogation
- XIII. Rights of Others
The General Assembly, Recalling the provisions providing a right to a remedy for victims of violations of international human rights law found in numerous international instruments, in particular article 8 of the Universal Declaration of Human Rights, article 2 of the International Covenant on Civil and Political Rights, article 6 of the Internatio...
3. The obligation to respect, ensure respect for and implement international human rights law and international humanitarian law as provided for under the respective bodies of law, includes, inter alia, the duty to: (a) Take appropriate legislative and administrative and other appropriate measures to prevent violations; (b) Investigate violations e...
6. Where so provided for in an applicable treaty or contained in other international legal obligations, statutes of limitations shall not apply to gross violations of international human rights law and serious violations of international humanitarian law which constitute crimes under international law. 7. Domestic statutes of limitations for other ...
10. Victims should be treated with humanity and respect for their dignity and human rights, and appropriate measures should be taken to ensure their safety, physical and psychological well-being and privacy, as well as those of their families. The State should ensure that its domestic laws, to the extent possible, provide that a victim who has suff...
11. Remedies for gross violations of international human rights law and serious violations of international humanitarian law include the victim’s right to the following as provided for under international law: (a) Equal and effective access to justice; (b) Adequate, effective and prompt reparation for harm suffered; (c) Access to relevant informati...
12. A victim of a gross violation of international human rights law or of a serious violation of international humanitarian law shall have equal access to an effective judicial remedy as provided for under international law. Other remedies available to the victim include access to administrative and other bodies, as well as mechanisms, modalities a...
15. Adequate, effective and prompt reparation is intended to promote justice by redressing gross violations of international human rights law or serious violations of international humanitarian law. Reparation should be proportional to the gravity of the violations and the harm suffered. In accordance with its domestic laws and international legal ...
25. The application and interpretation of these Basic Principles and Guidelines must be consistent with international human rights law and international humanitarian law and be without any discrimination of any kind or on any ground, without exception.
26. Nothing in these Basic Principles and Guidelines shall be construed as restricting or derogating from any rights or obligations arising under domestic and international law. In particular, it is understood that the present Basic Principles and Guidelines are without prejudice to the right to a remedy and reparation for victims of all violations...
27. Nothing in this document is to be construed as derogating from internationally or nationally protected rights of others, in particular the right of an accused person to benefit from applicable standards of due process.
Full reparation for the injury caused by the internationally wrongful act shall take the form of restitution, compensation and satisfaction, either singly or in combination, in accordance with...
Mar 23, 2012 · The recognized forms of reparation are variably understood as restitution, compensation, rehabilitation, satisfaction, and guarantees of nonrepetition. These forms, afforded singly or in combination, feature in the United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation, adopted by the UN General Assembly in 2006 ...
