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6 - Restitution in Kind

Published online by Cambridge University Press:  17 June 2021

Victor Stoica
Affiliation:
University of Bucharest
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Summary

Chapter 6 addresses the manner in which the International Court of Justice interprets and applies restitution in kind as a remedy of international law. First, the chapter clarifies the definition, function and classification of restitution in kind and its relationship and confusion with restitutio in integrum. Further, this chapter analyses the misconceptions, and their effects, regarding the alleged primacy of restitution in kind in international law, as provided by the International Law Commission, through the Articles on Responsibility of States for Internationally Wrongful Acts. The limits of granting restitution in kind, such as the material impossibility of responding states performing this remedy, or the imposition of a disproportionate burden, are relevant aspects that contribute to the clarification of the application of restitution in kind before the International Court of Justice. An in-depth analysis of the Judgment of the Permanent Court of International Justice in the Chorzow Factory Case provides a clear view of the reasons for which the Court issued its findings of principle regarding reparation, restitution in kind and compensation.

Type
Chapter
Information
Remedies before the International Court of Justice
A Systemic Analysis
, pp. 81 - 107
Publisher: Cambridge University Press
Print publication year: 2021

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  • Restitution in Kind
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.009
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  • Restitution in Kind
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.009
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.

  • Restitution in Kind
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.009
Available formats
×