Righting Wrongs
Reparations in the Articles on State Responsibility
Bibliographic Data
| ID | 9558207 |
|---|---|
| Authors | Dinah Shelton (0000-0002-3428-9207, University of Notre Dame, corresponding author) |
| Year | 2002 |
| Volume | 96 |
| Issue | 4 |
| Pages | 833-856 |
| Publication date | 2002-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3070681 |
| OpenAlex | W2024277532 |
| Language | EN |
| Citations received | 12 |
| References cited | 10 |
The International Law Commission’s articles on reparations restate the existing law on remedies, but they also innovate in significant ways to reinforce broader community interests in international legality. Given the dearth of precedents on reparations, both aspects can be helpful to tribunals and parties engaged in traditional interstate litigation, but the progressive elements, if they are accepted by states, could have wider application in supporting mechanisms to enhance implementation and observance of international obligations. The combination of codification and progressive development, however, is sometimes an uneasy fit and leaves unanswered several important questions about the theoretical foundation and practical application of the law of reparations. Even the seeming clarity of the articles is deceptive because some of the concepts included in the broadly drafted provisions can be difficult to apply in practice
CLARITY · Commission · Foundation (evidence · International community · International law · Law and economics · Political science · Politics · Principle of legality · Sociology · State (computer science · State responsibility · Global Peace and Security Dynamics · International Law and Aviation · International Law and Human Rights · Law
Ownership of Proceeds of Corruption in International Law
Reparations for Nazi Victims in Postwar Europe
Official Apologies and the Quest for Historical Justice
Protecting Human Health from Climate Change
Whose war is it anyway? Proportionate reparations in wars of aggression
Leaving Behind the Age of Impunity
Reparations for the transatlantic slave trade and historical enslavement
The Declaratory Judgment in Recent Jurisprudence of the ICJ
Accountability Mechanisms of Multilateral Development Banks and the Law of International Responsibility
Consent Precluding State Responsibility
Introduction and Overview
Reparations for the Slave Trade
Toward a Theory of Effective Supranational Adjudication
Bananas, direct effect and compliance
The Fifty-Third Session of the International Law Commission
Autonomous Institutional Arrangements in Multilateral Environmental Agreements
Triangulating the World Trade Organization
Rethinking WTO Trade Sanctions
International Environmental Law
Why Do Nations Obey International Law
| Unique citing works | 12 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2002 - 2024 (23) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 12 |