Chapter

A Concise History of the Law of State Responsibility and Reparation in International Law

Borzu Sabahi

in Compensation and Restitution in Investor-State Arbitration

Published in print June 2011 | ISBN: 9780199601189
Published online September 2011 | e-ISBN: 9780191729201 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199601189.003.0002

Series: International Economic Law Series

A Concise History of the Law of State Responsibility and Reparation in International Law

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The modern doctrines of State responsibility and reparation are the result of more than 2,000 years of human thought. This chapter traces the history of some of the most important components of State responsibility and reparation. The origins of these concepts are found in the historical roots of the civil law doctrines of extra-contractual liability and the remedy of restitutio in integrum, from Roman times until their entry into European civil codes. It explains how the private law notions discussed entered into international law and how, from the fusion of these notions and concepts with those supplied through the evolving doctrines of reprisals, denial of justice, and diplomatic protection, the modern doctrines of State responsibility and reparation were born.

Keywords: state responsibility; reparation; Roman law; private law; international law; law of extra-contractual liability; restitutio in integrum; full compensation; hugo grotius

Chapter.  20920 words. 

Subjects: Public International Law

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