Chapter

The Arbitration Panel for <i>In Rem</i> Restitution and Its Jurisprudence: Extreme Injustice in International Law

Hans-Peter Folz

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0056
The Arbitration Panel for In Rem Restitution and Its Jurisprudence: Extreme Injustice in International Law

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Traditionally public international law has been characterized as a legal order among States. States are the subjects of international law; they are the creators of international law and the addressees of its rules. Consequently the standards of justice and equity of international law generally refer to the values and ideals of international politics among States. The resolution of disputes between States can lead to significant disadvantages for individuals. States may sacrifice the claims of their nationals by agreeing on political solutions foreseeing a waiver of claims. This may be the case even where States seek to bestow benefits on individuals. While the legal status of individuals has steadily improved with the development of international human rights law, States still retain significant powers to conclude agreements affecting individual rights. This is particularly true in the case of settlements concerning wars and persecution. The Arbitration Panel for In Rem Restitution (Arbitration Panel) now provides a limited means of redress for individuals in cases of ‘extreme injustice’.

Keywords: public international law; States; human rights; individual rights; extreme injustice

Chapter.  6742 words. 

Subjects: Public International Law

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