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Compensation and Restitution in Investor-State Arbitration$
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Borzu Sabahi

Print publication date: 2011

Print ISBN-13: 9780199601189

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199601189.001.0001

A Concise History of the Law of State Responsibility and Reparation in International Law

Chapter:
(p. 7 ) 2 A Concise History of the Law of State Responsibility and Reparation in International Law
Source:
Compensation and Restitution in Investor-State Arbitration
Author(s):

Borzu Sabahi

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199601189.003.0002

The modern doctrines of State responsibility and reparation are the result of more than 2,000 years of human thought. This chapter traces the history of some of the most important components of State responsibility and reparation. The origins of these concepts are found in the historical roots of the civil law doctrines of extra-contractual liability and the remedy of restitutio in integrum, from Roman times until their entry into European civil codes. It explains how the private law notions discussed entered into international law and how, from the fusion of these notions and concepts with those supplied through the evolving doctrines of reprisals, denial of justice, and diplomatic protection, the modern doctrines of State responsibility and reparation were born.

Keywords:   state responsibility, reparation, Roman law, private law, international law, law of extra-contractual liability, restitutio in integrum, full compensation, hugo grotius

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