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International Investment Law and Comparative Public Law$
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Stephan W. Schill

Print publication date: 2010

Print ISBN-13: 9780199589104

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199589104.001.0001

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State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests

State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests

Chapter:
(p.377) 12 State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests
Source:
International Investment Law and Comparative Public Law
Author(s):

Irmgard Marboe

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199589104.003.0012

This chapter compares the concepts of State responsibility under international law and State liability for economic harm suffered by private persons. It contains a comparison of the rules on State liability in France, the United Kingdom, Germany, the United States, Spain, Italy, Switzerland, and Austria. In addition, the practice of the European Court of Justice concerning non-contractual liability of the European Union and of the European Court of Human Rights is discussed. The rules on State liability generally try to balance the interests of the individuals harmed with the rights and duties of the States. The interests of the general public taken into consideration include the protection of public funds, the so-called ‘floodgate-concern’, as well as considerations of the distribution of powers within a State and the efficient conduct of governmental duties. This often produces a more limited result than ‘full reparation’ of the harm suffered.

Keywords:   State responsibility, liability of public authorities, state liability, European Law, discretionary powers, floodgate concern

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