Reparations in the Law of State Responsibility

Abstract

Abstract Prior to the development of international human rights law, violations of international law were met with responses under the law of state responsibility. This traditional body of law, particularly the part of it that concerns the mistreatment of aliens, contains useful precedents for evaluating the nature and scope of remedies afforded in state practice. Clearly, the law of state responsibility remains applicable to a human rights violation by a state in breach of an international obligation contained in a treaty or customary international law. This chapter reviews the law of state responsibility, in particular the redress afforded for injury to aliens, in order to identify general principles and precedents that may be applicable or useful in addressing human rights violations.