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Less-than-Full Reparation in International Law

Indian Journal of International Law (Forthcoming)

29 Pages Posted: 15 May 2017  

Benoit Mayer

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: May 15, 2017

Abstract

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

Suggested Citation

Mayer, Benoit, Less-than-Full Reparation in International Law (May 15, 2017). Indian Journal of International Law (Forthcoming). Available at SSRN: https://ssrn.com/abstract=2968347

Benoit Mayer (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Hong Kong

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