Παρουσίαση/Προβολή

(2071) -  Photini Pazartzis, Anastasios Gourgourinis, Nicolas Voulgaris

Περιγραφή Μαθήματος

This course aims to offer a critical reflection on the evolution of the legal regime applicable to repairing wrongs under international law. It will critically unpack the obligation to make reparation as a consequence of the breach of an international obligation, and its forms, as codified by the International Law Commission in its Articles on State Responsibility for Internationally Wrongful Acts. This includes an examination of the jurisprudence of international courts and tribunals and the practice of other international bodies in interpreting and applying the principles and standards of reparation across the spectrum of international law, including international human rights law, investment arbitration and international criminal law. We will also explore the ways in which traditional forms of reparation (restitution, compensation, satisfaction) have been (re)-interpreted and applied in fields reflecting broader community values, focusing on recent discussions on repairing wrongs in the context of historical injustices, climate change, and mass atrocities, with a view to revisiting the different functions of reparation responding to increasingly diversified purposes.

 

The course is divided into three parts. The first part examines the legal framework of the principle of reparation within the law of State responsibility, and as an individual right of victims under international law. The second part revisits the codification against the jurisprudence of international courts and tribunals across fields of international law, with regard to reparation claims, in order to discern jurisprudential approaches/divergences/interactions. The third part will reflect on the different functions of reparation, with a particular focus on some current issues, and evaluate whether and how current practice shapes or reshapes the principle and modalities of reparation.

Ημερομηνία δημιουργίας

Παρασκευή 28 Νοεμβρίου 2025