Reparation by Pecuniary Means of Direct Moral Damages Suffered by States as a Result of Internationally Wrongful Acts


PİRİM KIZILCA C. Z.

JOURNAL OF INTERNATIONAL DISPUTE SETTLEMENT, cilt.11, sa.2, ss.242-261, 2020 (SSCI İndekslerine Giren Dergi) identifier identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 11 Konu: 2
  • Basım Tarihi: 2020
  • Doi Numarası: 10.1093/jnlids/idaa007
  • Dergi Adı: JOURNAL OF INTERNATIONAL DISPUTE SETTLEMENT
  • Sayfa Sayıları: ss.242-261

Özet

Contemporary international law requires full reparation for all material and moral damages suffered by States as a result of internationally wrongful acts and provides that reparation can take the form of restitution, compensation or satisfaction. While it is admitted that material damages which are financially assessable can be repaired by restitution and/or compensation, satisfaction seems to be reserved to the reparation of moral damages. As to whether moral damages suffered by States can be repaired by pecuniary means, the answer seems to be controversial. Moral damages indirectly suffered by States as a result of internationally wrongful acts committed against their citizens are considered, both by the jurisprudence and the international literature, as reparable by monetary means, through the existence of the individual substratum. However, the reparability by pecuniary means of direct moral damages doing harm to States' dignity, honour and prestige is problematical. This article argues for the reparability by payments of money of moral damages and discusses the nature of the monetary payment that may be done to States in order to remediate such damages.