Forms of reparation of prejudice in international law Cover Image

Formele de reparare a prejudiciului în dreptul internaţional
Forms of reparation of prejudice in international law

Author(s): Felicia Maxim
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: internationally wrongful acts; prejudice; restitution in kind; damages; satisfaction

Summary/Abstract: The international responsibility of states has been a topic that has attracted the attention of numerous entities existing at international and regional level, but also of education institutions involved in codifying international law. When it came to the problem of codification at international or regional law, the responsibility of the states was especially considered a topic of great importance and introduced in the established working programs. Thus, it is has been started off from the international responsibility of the states for damage caused on their territory to foreign persons of their property, a problem subsequently abandoned, but somehow reconsidered as part of diplomatic protection and the study has come to the responsibility of the states for internationally wrongful acts, separating from it the responsibility of the states for prejudicial consequences resulted from activities that are not banned by international law. The experts involved in the preparation of the draft regarding “The Responsibility of the States for Internationally Wrongful Acts” have identified in the practice of the states and in international case law essential aspects that need to be considered in codifying the indicated field. Considering that satisfying the claims of a prejudiced state is covered, special heed has been paid to the forms of reparation of prejudice, namely: restitution in kind (restitutio in integrum), by equivalent (damages) and satisfaction.

  • Issue Year: 1/2011
  • Issue No: 02
  • Page Range: 19-31
  • Page Count: 13
  • Language: English