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Part IV The Content of International Responsibility, Ch.40 The Obligation to Make Reparation

Brigitte Stern

From: The Law of International Responsibility

Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 May 2024

Responsibility of states — Reparations — Diplomatic protection — Erga omnes obligations — Codification — Customary international law — Sovereignty — Arbitration — Arbitral agreements — Arbitral tribunals
A new legal relationship arises on the commission of an internationally wrongful act attributable to a State. Where a State has been recognized as the author of an internationally wrongful act—whether the conduct consists of an act or an omission—it is not contested that the State has an obligation to make reparation for the injury caused by its conduct. This is not unique to international law. As in all legal systems, the notion of responsibility implies the substitution of a primary obligation by a secondary or subsidiary obligation, which is to make reparation...
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