Chapter

Modern Reparation Doctrine in International Law and Investment Treaty Arbitration

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/9780199601189.003.0003

Series: International Economic Law Series

Modern Reparation Doctrine in International Law and Investment Treaty Arbitration

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This chapter traces the doctrine of reparation in contemporary international law and, in particular, in investment treaty arbitration. It discusses in detail the two significant developments which mark the evolution of the doctrine of reparation during the 20th century: the decision of the Permanent Court of International Justice in the Factory at Chorzów case, and the work of the International Law Commission (ILC) on the law governing the responsibility of States for internationally wrongful acts, which culminated in draft articles adopted by the UN General Assembly and recommended to States. It examines the application in investment arbitration of the principles of reparation found in these two sources, and discusses certain fundamental concepts relating to reparation and their pertinence to the particular nature of investment treaty arbitration, particularly the concept of the ‘hypothetical position’.

Keywords: reparation; international law; Chorzów Factory case; ILC articles; investment treaty arbitration; hypothetical position

Chapter.  10207 words. 

Subjects: Public International Law

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