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7 - Compensation

Published online by Cambridge University Press:  17 June 2021

Victor Stoica
Affiliation:
University of Bucharest
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Summary

Chapter 7 addresses the manner in which the International Court of Justice interprets and applies compensation as a remedy of international law. The definition, function and categories of compensation are issues that this chapter addresses, along with its relationship to other remedies of international law, in particular to restitution in kind. Further, the requests that states submit before the Court demonstrate that two main types of requests regarding compensation are usually included in pleadings: requests for determined compensation and requests for undetermined compensation. The mechanisms used by the Court to address compensation for material and/or moral damages and for damages caused directly to states and/or damages caused to individuals are relevant for clarifying this remedy of international law. Through cases such as the Corfu Channel Case, the Diallo Case and the Chorzow Factory Case, the Court has shaped the manner in which compensation is assessed for disputes relating to damages caused to the environment or to addressing moral damages caused to individuals through equitable considerations.

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Chapter
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Remedies before the International Court of Justice
A Systemic Analysis
, pp. 108 - 144
Publisher: Cambridge University Press
Print publication year: 2021

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  • Compensation
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.010
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  • Compensation
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.010
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Compensation
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.010
Available formats
×