Published online by Cambridge University Press: 17 June 2021
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.