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Special Theme: Reparations for Internationally Wrongful Acts of States

Special Theme: Reparations for Internationally Wrongful Acts of States Contents 1. Introduction 2. Origin of Just Satisfaction 3. Subsidiary Context 4. Discretionary Nature 5. Practical Difficulties 6. Heads of Damage 7. Pecuniary Damage 7.1. Casual Connection 7.2. Right to Life 7.3. Right to Property 7.4. Procedural Defects 8. Non-pecuniary Damage 8.1. Reasonable Time Breaches 8.2. Particularly Serious Violations 8.3. Pure Non-pecuniary Damage 8.4. Article 5 - the Right to Liberty 8.5. Child Care Cases 8.6. Environmental Nuisance 8.7. Legal Persons 9. Costs and Expenses 10. Conclusion 1. Introduction At first sight the question of just satisfaction under the European Convention of Human Rights may appear a rather dry topic, far less spectacular than the substantive provisions of the Convention through which the European Court of Human Rights has forged a remarkable and unique body of jurisprudence in the field of human rights law. However, this first impression should not lead us to the conclusion that Article 41 is unimportant. It is a provision whose operation can tell us a great deal about the nature of the Convention system. The uncertainty which has accompanied its application by the Court over the years reflects some of the questions which we must ask ourselves as to the true role of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Yearbook of International Law Online Brill

Special Theme: Reparations for Internationally Wrongful Acts of States

Baltic Yearbook of International Law Online , Volume 3 (1): 18 – Jan 1, 2003
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-5897
DOI
10.1163/221158903X00027
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Abstract

Contents 1. Introduction 2. Origin of Just Satisfaction 3. Subsidiary Context 4. Discretionary Nature 5. Practical Difficulties 6. Heads of Damage 7. Pecuniary Damage 7.1. Casual Connection 7.2. Right to Life 7.3. Right to Property 7.4. Procedural Defects 8. Non-pecuniary Damage 8.1. Reasonable Time Breaches 8.2. Particularly Serious Violations 8.3. Pure Non-pecuniary Damage 8.4. Article 5 - the Right to Liberty 8.5. Child Care Cases 8.6. Environmental Nuisance 8.7. Legal Persons 9. Costs and Expenses 10. Conclusion 1. Introduction At first sight the question of just satisfaction under the European Convention of Human Rights may appear a rather dry topic, far less spectacular than the substantive provisions of the Convention through which the European Court of Human Rights has forged a remarkable and unique body of jurisprudence in the field of human rights law. However, this first impression should not lead us to the conclusion that Article 41 is unimportant. It is a provision whose operation can tell us a great deal about the nature of the Convention system. The uncertainty which has accompanied its application by the Court over the years reflects some of the questions which we must ask ourselves as to the true role of

Journal

Baltic Yearbook of International Law Online – Brill

Published: Jan 1, 2003

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