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Forms of reparation of prejudice in international law - reflections on common aspects in the draft regarding the responsibility of the states for internationally wrongful acts -

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  • Felicia Maxim

    (“Titu Maiorescu” University, the Law School)

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.

Suggested Citation

  • Felicia Maxim, 2011. "Forms of reparation of prejudice in international law - reflections on common aspects in the draft regarding the responsibility of the states for internationally wrongful acts -," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 1(2), pages 19-31, December.
  • Handle: RePEc:asr:journl:v:1:y:2011:i:2:p:19-31
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    More about this item

    Keywords

    internationally wrongful acts; prejudice; restitution in kind; damages; satisfaction;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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