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Part IV The Content of International Responsibility, Ch.45 Punitive Damages

Stephan Wittich

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: 13 June 2024

Damages — Responsibility of states — Diplomatic protection — Erga omnes obligations
The notion of ‘punitive damages’ derives from the common law: it involves the payment of damages in addition to actual (compensatory) damages when the defendant acted with recklessness, malice, deceit, or other reprehensible conduct (eg violence, oppression, fraud …). As the term indicates, punitive damages are intended to punish the defendant and thereby to deter blameworthy conduct. In addition, they may also be used to reduce or eliminate any profits the wrongdoer has gained from the tort. Accordingly, the difference between punitive or exemplary damages on the...
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