CYIL 2014

COMPENSATION IN INTERNATIONAL LAW

Pavel Šturma (ed.) a kol. Compensation in International Law [Odškodňování v mezinárodním právu]

Praha: Univerzita Karlova v Praze, 2013, 196 s., Studie z mezinárodního práva; č. 5 (28) [Studies in international law; vol. 5 (28)]

This monograph is the first attempt in Czech academic research to comprehensively summarize the indemnification of non-state actors in international public law. The publication came about as a result of Specific University Research project SVV no. 266404/2013 with a body of academic researchers and students from the Department of International Public Law at the Law Faculty of Charles University in Prague. A remark from the text paraphrased by Professor Šturma can be used as a motto of the book: Even though from a pragmatic point of view, an individual seeks compensation on the basis of some legal title, on the other hand, from the viewpoint of the discipline of international law, this distinction is important to the extent that the compensation is not a sole right of the private individual but is linked to state responsibility for internationally wrongful conduct. The publication is mainly structured as two parts. The first part deals with general issues of indemnification in international public law. Attention is also accorded to long standing regimes that provide for remedy, such as investment treaty law or human rights law that contain a vast body of case law. The second part is concerned with the practice or possibility of indemnification in various international legal regimes such as human rights law, law pertaining to compensation of acts of terrorism, consequences of peace missions or compensation mechanisms in case of oil pollution, indemnification inmaritime law or compensation for nuclear damages. Attention is also given to long standing regimes that provide for Thebookbegins by introducing indemnificationas a classic institutionof international public law which has become more dynamic in nature due to the proliferation of individual rights. Or, as is pointed out by Professor Šturma, the main challenge for general rules on state responsibility is private individuals or other non-states actors to whom primary rules of international public law have granted certain rights. The chapter additionally offers an analysis of indemnification of non state actors from the perspective of the 2001 Draft Articles on Responsibility of States for Internationally Wrongful Acts. Accordingly, different theoretical approaches are also presented. remedy, such as investment treaty law or human rights law. Structural issues of indemnification in international law

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