Forms of reparation Legal consequences of an internationally wrongful act

Forms of reparation legal consequences of an

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Forms of reparation - Legal consequences of an internationally wrongful act —Article 28, ILC Articles: The international responsibility of a state that has performed an internationally wrongful act involves the following international obligations: Continued duty of performance: Article 29, ILC Articles — Duty to resume the breached obligations Cessation and non-repetition: Article 30, ILC Articles - Obligation to cease the wrongful act if it is still continuing ( ILC Draft Articles Art 30(1)) - Obligation to offer appropriate assurances and guarantees of non-repetition ( ILC Draft Articles Art 30(2)). - Rainbow Warrior case (New Zealand v. France) (1990) RIAA Vol.XX, 217 - Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) ICJ Reports 2002, p.3, Joint separate opinion of Higgins, Kooijmans and Buergenthal JJ. - LaGrand (Germany v. United States of America), Judgment, ICJ Reports 2001, pp 512-513 Reparation — Articles 31 — Obligation to make full reparations for any injury caused by the wrongful act ( ILC Draft Articles Art 31(1) ).
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- Injury includes all material or moral damage ( ILCDraftArticlesArt31(2) ). - Wrongful acts that do not cause material injury but damage the honour, dignity or prestige of a state will still entitle the victim state to adequate reparations ( Rainbow Warrior Arbitration ). • Full reparations: - Chorzow Factory Case : A state responsible for an internationally wrongful act has an obligation to make full adequate reparations immediately upon commission of the wrong without the need for any specific undertaking or demand. In so far as possible full reparations must wipe out all consequences of the wrongful act and re- establish the situation which, in all probability, would have existed but for the wrongful act. - ILC Draft Articles Art 34 : Full reparations must take the form of either one of, or through a combination of, the following measures (in order of priority): Restitution — Article 35, ILC Articles: A State responsible for an internationally wrongful act is under an obligation to make restitution, that is, to re-establish the situation which existed before the wrongful act was committed, provided and to the extent that restitution: (a) it is not materially impossible to do so; AND (b) does not involve a burden out of all proportion to the benefit deriving from restitution instead of compensation. - To achieve the object of reparation tribunals may give 'legal restitution', in the form of a declaration that an offending act of the executive, legislature or judicature is unlawful and without international effect. Such action can be classified either as a genuine application of the principle of restitutio in integrum or as an aspect of satisfaction. - Restitution in kind is a logical means of repairing an injury. Customary law or treaty may create obligations to which is annexed a power to demand specific restitution.
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