 | Arnold D. McNair, H. Lauterpacht - 1932 - Страниц: 644
...particular by the decisions of arbitral tribunals—is " that reparation must, as far as possible, wipe out all " the consequences of the illegal act and re-establish...the situation which would, in all probability, have Case No. 177 coatd. " existed if that act had not been committed. Restitu" tion in kind, or, if this... | |
 | H. Lauterpacht - 1936 - Страниц: 580
...particular by the decisions of arbitral tribunals — is that reparation must, as far as possible, wipe out all the consequences of the illegal act and reestablish...have existed if that act had not been committed." VIII. Reparation in the Form of Annulment of Consequences of an Illegal Act. — The Venezuelan Government... | |
 | J. H. W. Verzijl - 1973 - Страниц: 886
...(merits) (Publ. PCIJ, series A, No. 17, p. 47): "reparation must, as far as possible, wipe out all consequences of the illegal act and reestablish the...have existed if that act had not been committed". This pronouncement implies that (a) where restitution in integrum is feasible and is desired by the... | |
 | F. V. García Amador, Louis Bruno Sohn, Richard R. Baxter - 1974 - Страниц: 420
...Another consideration is that restitution does not always serve, " as far as possible, [to] wipe out all the consequences of the illegal act and re-establish...probability, have existed if that act had not been committed ". For example, where a claim is admissible on the basis of loss of profits, the mere restitution of... | |
 | 1979 - Страниц: 482
...achieved by restitution of the expropriated undertaking, and, if restitution was not possible, by the "payment of a sum corresponding to the value which a restitution in kind would bear", plus the award of "damages for loss sustained which would not be covered by restitution in kind or... | |
 | E. Lauterpacht - 1979 - Страниц: 672
...President Jiménez de Arúchaga to »tate: "The fact that indemnity presupposes, as the PCIJ stated, the 'payment of a sum corresponding to the value which a restitution in kind would hear' has important effects on its extent. As a consequence of the depreciation of currencies and of... | |
 | Haro F. Van Panhuys - 1980 - Страниц: 242
...International Justice in an often quoted passage stating "that reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish...have existed if that act had not been committed". 5 The following modes of obliterating consequences present themselves, and will often be combined.... | |
 | René Jean Dupuy - 1980 - Страниц: 462
...unlawful act by the restitution of the expropriated property, and if restitution was not possible, by the "payment of a sum corresponding to the value which a restitution in kind would bear" plus the award of "damages for loss sustained which would not be covered by restitution in kind or... | |
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... reparation must, as far as possible, wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed. 
