POL340Y1 Lecture Notes - Lecture 12: International Humanitarian Law, Economic Sanctions
Document Summary
"breach of an engagement involved obligation to make reparation" Where there is a breach = there must be a remedy. Once you"ve established a breach, you are entitled to a remedy. Undermine legal authority that gave rise to breach. Different forms of reparation can be used together. Reestablishment of situation before the breach (but not required in certain circumstances) The difference between the injury and restitution in financial terms. Damage to property or other interest that is assessable in financial terms. Moral damage - pain and suffering, injuries to dignity of state. Self-defense is a form of countermeasure but it is a distinct legal regime (don"t confuse the two) Countermeasure is unlawful conduct taken with the objective of including compliance with the obligations of cessation / reparations. The right to invoke countermeasures does not affect a state"s obligations under the un charter, human rights, and humanitarian law.
