LAWS259 Lecture Notes - Lecture 10: Chapter 27, Decentralised System, Peremptory Norm
14 Jul 2020
School
Course
Professor
Document Summary
Week 10 enforcement of international law and international dispute settlement. Required readings: brownlie chaps 26 and 27. Recommended readings: evans chap 17 (535-544, evans chap 18. Chapter 26: consequences of an internationally wrongful act: introduction. In the event of an internationally wrongful act by a state or other subject of international law, other states or subjects may be entitled to respond: cessation, reparation, invocation. The consequences of international responsibility must be treated with care, they raise substantial issues as to the character of responsibility and are far from being mere appendix. Damage" denotes loss damnum: the forms of reparation (a) restitution in kind and restitutio in integrum (b) compensation, damages (c) satisfaction (i) (ii) Declaratory judgements (d) interest (e) serious breaches of peremptory norms: arsiwa articles 40 and 41: invocation of responsibility (a) evolution of the law (b) arsiwa articles 42 and 48 (c) countermeasures, conclusion. Awards of interest have been reinstated as normal consequences of non-payment.
