Gabˇc´ıkovo–Nagymaros Project
case
148
and in the
Genocide Convention (Bosnia
v.
Serbia)
case,
149
and by
the International Tribunal for the Law of the Sea in
M/V Saiga (No. 2)
.
150
144
ICJ Reports, 2001, pp. 466, 513–41; 134 ILR, pp. 1, 51–2. See, as to consular notification,
above, chapter 13, p. 773.
145
See e.g. M. Whiteman,
Damages in International Law
, Washington, 3 vols., 1937–43;
F. A. Mann, ‘The Consequences of an International Wrong in International and National
Law’, 48 BYIL, 1978, p. 1; de Ar´echaga, ‘International Responsibility’, pp. 564 ff., and de
Ar´echaga,’International Law in the Past Third of the Century’, 159 HR, 1978, pp. 1, 285–7.
See also Cheng,
General Principles
, pp. 233 ff.; Brownlie,
System
, part VIII, and C. Gray,
Judicial Remedies in International Law
, Oxford, 1987.
146
See e.g. C. Dominic´e, ‘Observations sur les Droits de l’ ´Etat Victime d’un Fiat Interna-
tionalement Illicite’ in
Droit International
(ed. P. Weil), Paris, 1982, vol. I, p. 25, and B.
Graefrath, ‘Responsibility and Damage Caused: Relationship between Responsibility and
Damage’, HR, 1984 II, pp. 19, 73 ff.
147
PCIJ, Series A, No. 17, 1928, pp. 47–8. In an earlier phase of the case, the Court stated
that, ‘It is a principle of international law that the breach of an engagement involves an
obligation to make reparation in an adequate form. Reparation therefore is the indis-
pensable complement of a failure to apply a convention’, PCIJ, Series A, No. 9, 1927,
p. 21. See also the
Iranian Hostages
case, ICJ Reports, 1980, pp. 3, 45; 61 ILR, pp. 530, 571,
where the Court held that Iran was under a duty to make reparation to the US.
148
ICJ Reports, 1997, pp. 7, 80; 116 ILR, p. 1.
149
ICJ Reports, 2007, para. 460. See also the
Construction of a Wall
advisory opinion, ICJ
Reports, 2004, pp. 136, 198; 129 ILR, pp. 37, 117–18 and
Democratic Republic of the Congo
v.
Uganda
, ICJ Reports, 2005, pp. 168, 257.
150
120 ILR, pp. 143, 199. See also
S.D. Myers
v.
Canada
121 ILR, pp. 72, 127–8;
Aloeboetoe
v.
Suriname
, Inter-American Court of Human Rights, 1993, Series C, No. 15 at para. 43;
116 ILR, p. 260;
Loayza Tamayo
v.
Peru
(
Reparations
), Inter-American Court of Human
802
i n t e r nat i o na l l aw
Article 31 of the Articles on State Responsibility provides that the respon-
sible state is under an obligation to make full reparation for the injury
caused by the internationally wrongful act and that injury includes any
damage, whether material or moral, caused by the internationally wrong-
ful act of a state. The obligation to make reparation is governed in all its
aspects by international law, irrespective of domestic law provisions.
151
Article 34 provides that full reparation for the injury caused by the inter-
nationally wrongful act shall take the form of restitution, compensation
and satisfaction, either singly or in combination.
152
Restitution in kind is the obvious method of performing the reparation,
since it aims to re-establish the situation which existed before the wrong-
ful act was committed.
153
While restitution has occurred in the past,
154
it is
more rare today, if only because the nature of such disputes has changed.
A large number of cases now involve expropriation disputes, where it is
politically difficult for the state concerned to return expropriated prop-
erty to multinational companies.
155
Recognising some of these problems,
article 35 provides for restitution as long as and to the extent that it is not
Rights, 1998, Series C, No. 42 at para. 84; 116 ILR, p. 388, and
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