Jump to ContentJump to Main Navigation
From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
Users without a subscription are not able to see the full content.

Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 September 2020

The Arbitration Panel for In Rem Restitution and Its Jurisprudence: Extreme Injustice in International Law

The Arbitration Panel for In Rem Restitution and Its Jurisprudence: Extreme Injustice in International Law

Chapter:
(p.895) The Arbitration Panel for In Rem Restitution and Its Jurisprudence: Extreme Injustice in International Law
Source:
From Bilateralism to Community Interest
Author(s):

Hans-Peter Folz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0056

Traditionally public international law has been characterized as a legal order among States. States are the subjects of international law; they are the creators of international law and the addressees of its rules. Consequently the standards of justice and equity of international law generally refer to the values and ideals of international politics among States. The resolution of disputes between States can lead to significant disadvantages for individuals. States may sacrifice the claims of their nationals by agreeing on political solutions foreseeing a waiver of claims. This may be the case even where States seek to bestow benefits on individuals. While the legal status of individuals has steadily improved with the development of international human rights law, States still retain significant powers to conclude agreements affecting individual rights. This is particularly true in the case of settlements concerning wars and persecution. The Arbitration Panel for In Rem Restitution (Arbitration Panel) now provides a limited means of redress for individuals in cases of ‘extreme injustice’.

Keywords:   public international law, States, human rights, individual rights, extreme injustice

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .