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Contents
- Preliminary Material
- Main Text
- 1 Introduction
- 2 A Concise History of the Law of State Responsibility and Reparation in International Law
- 2.1 Introduction
- 2.2 Elements of the Modern Doctrines of State Responsibility and Reparation for Internationally Wrongful Acts
- 2.3 Roman and Private Law Sources of the Doctrine of State Responsibility and Reparation
- 2.4 History of the Law of Extra-Contractual Liability and Restitutio in Integrum from Roman Law to European Civil Codes
- 2.4.1 Vengeance and retaliation in ancient times and in the Twelve Tables
- 2.4.2 Lex Aquilia and Corpus Juris Civilis
- 2.4.3 Restitutio in integrum during the pre-classical period and its entry into Corpus Juris Civilis
- 2.4.4 After Corpus Juris Civilis to modern European civil codes
- 2.5 England’s Influence on the Early Notions of State Responsibility and Reparation
- 2.6 International Law Sources of the Doctrine of State Responsibility and Reparation
- 2.7 Process of Emergence of the Doctrine of State Responsibility and Reparation in International Law
- 3 Modern Reparation Doctrine in International Law and Investment Treaty Arbitration
- 3.1 Introduction
- 3.2 Reparation
- 3.3 Chorzów Factory Case
- 3.4 International Law Commission Articles on State Responsibility and the Concept of Reparation
- 3.5 Application of the Reparation Principle in Investment Arbitration
- 4 Restitution
- 4.1 Introduction
- 4.2 The Power of Arbitral Tribunals to Award Restitution and the Enforceability of Such Awards
- 4.3 Material Restitution
- 4.4 Juridical Restitution
- 4.5 Limits to Restitution: Impossibility and Disproportionate Burden
- 5 Compensation
- 5.1 Introduction
- 5.2 Compensation for Expropriation in Customary International Law
- 5.3 Compensation for Expropriation in Investment Treaties
- 5.4 Investment Treaties and Compensation for Violation of Protections other than Expropriation
- 5.5 Lawfulness and Unlawfulness of Government Conduct and its Significance for Awarding Compensation
- 5.6 Calculating the Amount of Compensation
- 5.6.1 Fair market value
- 5.6.2 Determining the date of an injurious act or a treaty breach
- 5.6.3 Date of valuation
- 5.6.4 Assessing fair market value of the losses
- 5.6.5 Compensation or damages for interference with contractual rights: breach of contract damages v fair market value
- 5.6.6 Compensation for damage to start-up businesses
- 6 Supplemental Compensation
- 6.1 Introduction
- 6.2 Moral Damages
- 6.2.1 Overview
- 6.2.2 Desert Line v Yemen
- 6.2.3 Types of moral damage
- 6.2.4 Relation of moral damage to material damage and risk of double counting
- 6.2.5 Jurisdiction and compensation for moral damages
- 6.2.6 Can corporations seek compensation for moral damage to the personality rights of their employees?
- 6.2.7 Fault and exceptional circumstances
- 6.2.8 Quantifying moral damages
- 6.2.9 Compensating legal damages
- 6.2.10 Interest on compensation for moral damage
- 6.3 Punitive Damages
- 6.4 Interest
- 6.5 Currency of Compensation
- 6.6 Arbitration Costs
- 7 Limitations on Compensation
- 8 Conclusion
- Further Material