Part IV The Content of International Responsibility, Ch.41 Interaction between the Forms of Reparation
Yann Kerbrat
From: The Law of International Responsibility
Edited By: James Crawford, Alain Pellet, Simon Olleson, Kate Parlett
- Subject(s):
- Responsibility of states — Reparations — Codification — Customary international law — Sovereignty — Unilateral acts — Peremptory norms / ius cogens
The question of the interaction of the forms of reparation in the international legal order was resolved by the ILC in an apparently simple way, structured on the basis of a hierarchical principle: priority is to be given to restitution; then immediately following restitution are the forms of reparation by equivalent: compensation first and satisfaction where compensation is not possible.1 This is presented as the codification of customary law and has been widely accepted in international legal doctrine. And yet, a survey of practice evidences a much more...
