Chapter

Restitution

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/9780199601189.003.0004

Series: International Economic Law Series

Restitution

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This chapter focuses on one form of reparation in international law: restitution. Restitution requires the re-establishment of the situation that had existed before the commission of an internationally wrongful act or the status quo ante. Though restitution has been recognized as the primary remedy in international law, practical limitations have minimized its use in international investment law. Here, the power of tribunals to award restitution in international law and the enforceability of such awards are discussed. The two general forms of restitution are then explored: firstly, material restitution, which includes the restitution of property and of money wrongfully taken from a rightful owner; and, secondly, juridical restitution, which requires restoring the legal situation that existed before the commission of the wrongful act, and includes specific performance. The doctrines of impossibility and disproportionate burden are also discussed with their limiting effect on restitution.

Keywords: restitution; international investment law; status quo ante; material restitution; juridical restitution; specific performance; impossibility; disproportionate burden

Chapter.  16482 words. 

Subjects: Public International Law

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