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Max Planck Encyclopedia of Public International Law [MPEPIL]

Unjust Enrichment

Christina Binder, Christoph Schreuer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 26 May 2019

Equity — State succession, international agreements — Unjust enrichment — Customary international law

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 The concept of unjust or unjustified enrichment has been defined as ‘adjusting shifts of assets from one person to another which are at variance with the final allocation of assets envisaged by the law’ (Zweigert and Müller-Gindullis 4). The Iran-United States Claims Tribunal (‘Iran-US Claims Tribunal’), in Sea-Land Service Inc. v Iran (‘ Sea-Land ’), summarized the characteristics of unjust enrichment as follows: There must have been an enrichment of one party to the detriment of the other, and both must arise as a consequence of the same act or event. There...
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