Chapter

Conclusion

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/9780199601189.003.0008

Series: International Economic Law Series

Conclusion

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This chapter discusses ten important findings included in this book. One finding is the dual origin of the modern rules on State responsibility and reparation in both private law notions and public international law, resulting in the objective of reparation of putting the aggrieved party in the ‘hypothetical position’, that would have existed if the unlawful act had not occurred. This objective is mirrored in the modern Chorz ów Factory formula. Restitution, which seeks to re-establish the status quo ante, may need to be accompanied by additional compensation to fully reach the hypothetical position. The amount of compensation, on the other hand, based on the recent jurisprudence, may vary depending on whether the acts complained of were lawful or unlawful. Other important points arising from this study concerning the principles of reparation and compensation are also highlighted in the chapter.

Keywords: findings; reparation; compensation; restitution; unlawful; lawful; status quo ante; hypothetical position

Chapter.  1596 words. 

Subjects: Public International Law

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