A 9851 a 1 all cases of declared war or any other

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Unformatted text preview: urt that as to the illegality of an act constitutes a measure of satisfaction or reparation in the broad sense. Note: This is available when this is, or the parties deem this, the proper way to deal with a dispute or when the object “is not to give satisfaction for the wrong received.” 2. Satisfaction – a measure other than restitution or compensation which an offending State is bound to take. Its object is often either: a. An apology and other acknowledgment of wrongdoing b. Punishment of individuals concerned c. Taking of measures to prevent a recurrence 3. Restitution – involves wiping out all the consequences of the breach and re‐ establishing the situation which would probably have existed had the act not been committed. 4. Compensation – payment of money as a valuation of the wrong done. Note: The compensation must correspond to the value which restitution in kind would bear; the award of damages for loss sustained which would not be covered by restitution in kind or payment in place of it. Q: What is the difference between pecuniary satisfaction and compensation? A: PECUNIARY SATISFACTION A token of regret and acknowledgment of wrongdoing (“monetary sorry”) COMPENSATION To make up for or repair the damage done. Q: When may a State exercise diplomatic protection? A: When a State admits into its territory foreign investments or foreign nationals, whether natural or juristic persons, it is bound to extend to them the protection of the law and assumes obligations concerning the treatment to be afforded to them. These obligations however, are neither absolute nor unqualified. An essential distinction should be drawn between the obligations of the State towards the international community as a whole, and those vis‐à‐vis another State in the field of their diplomatic protection. By their very nature the former are the concern of all States. All States can be held to have a legal interest in their protection; they are obligations erga omnes. Obligations the performance of which is the subject of diplomatic protection are not of the same category. It cannot be held, when one such obligation in particular is in question, in a spe...
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