NGOs under European Convention on Human Rights / Tymofeyeva

CHAPTER III JUST SATISFACTION UNDER ARTICLE 41 OF THE CONVENTION

The just satisfaction sought by NGOs is further subject to some limitations coming from the very nature of some of the rights protected by the Convention. Octavian Ichim 1298

3.1 Overview of the international compensation mechanisms

3.1.1 Right to reparation and types of compensation mechanisms The issue of compensation in international law has no general codification. A number of provisions concerning the redress of victims of the violation of legal provisions exist on the international level. None of them, however, is of an exhausting nature. The main document on the responsibility of states for wrongdoings is the Draft Articles on Responsibility of States for Internationally Wrongful Acts of 2001 (hereinafter also referred to as the ‘DARS’). 1299 The rules contained in this document are of a general nature and, accordingly, may be applicable to natural persons 1300 and Article 34 NGOs. In accordance with Article 34 of the DARS, reparation for the injury caused by the internationally wrongful act shall take the form of 1) restitution, 2) compensation and 3) satisfaction . These forms may be applied either singly or in combination. Restitution is the re-establishment of the situation that existed before the wrongful act was committed. Article 36 of the DARS specifies that the ‘compensation’ covers reimbursement of a financially assessable damage, including loss of profits insofar as it is established. Satisfaction , under the DARS, consists of an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality. 1301 This shows us the difference between reparation and its different forms, e.g. compensation. Therefore, it would probably be more logical to speak of reparation mechanisms instead of compensation mechanisms. Nonetheless, in practice the differentiation of these forms in not as clear as in the DARS. 1298 ICHIM, O. Just Satisfaction under the European Convention on Human Rights . Cambridge: CUP, 2014, p. 86. 1299 Draft Articles on Responsibility of States for Internationally Wrongful Acts. Yearbook of the International Law Commission , 2001, vol. II, Part Two, as corrected. 1300 ŠTURMA, Pavel.Outline of international compensation mechanisms. In ŠTURMA, Pavel, Compensation in international law . Studies in International Law. No. 5 (28). Prague: Charles University in Prague, 2013, p. 22. 1301 Article 37 of the DARS.

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