Less-than-Full Reparation in International Law
(2016) 56(3-4) Indian Journal of International Law 463-502
29 Pages Posted: 15 May 2017 Last revised: 4 Sep 2019
Date Written: May 15, 2017
State responsible for an internationally wrongful act is generally under an obligation to make full reparation for the injury caused by this act. This article argues however that there are general limitations to the obligation to make full reparation. It reviews the practice of States in endorsing less-than-full reparation or even actively campaigning against full reparation in certain circumstances. It also notes the importance of the recognition of less-than-full reparation by judges and scholars in order, in particular, to facilitate the peaceful settlement of international disputes. Lastly, it identifies three alternative criteria explaining less-than-full reparation.
Keywords: reparation, international law, full reparation, less-than-full reparation, adequate reparation
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