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Publications of Belozertsev Sergei Mikhailovich
International Law, 2023-3
Belozertsev S.M. - Forms of Compensation for Harm in Public International Law pp. 13-20

DOI:
10.25136/2644-5514.2023.3.39612

Abstract: The study of the problems of international legal responsibility as one of the basic elements of international legal regulation is of particular importance due to the fact that the subjects of international law, taking advantage of the dispositivity and consensual nature of its norms, abuse them in their own interests, often seriously infringing the interests of their international partners. The institution of international legal responsibility is one of the earliest forms of interstate relations that arose long before the formation of public international law as a legal system. The article discusses the forms of compensation for harm in public international law. The property and non-property forms of compensation for harm are highlighted. The key characteristics of international legal responsibility are defined, such as compensation for harm, as the most effective sanction for unlawful actions, and restoration of the violated rights and interests of the victim. The analysis of the order and consequences of the application of forms of international legal responsibility is given. The institute of international legal responsibility is very extensive, we have considered only some of its part concerning the forms of international legal responsibility. Forms of international legal responsibility can be of a property and non-property nature. Property forms of liability include: restitution, compensation, satisfaction. Non-property forms of responsibility include: retorsions and reprisals. As a result of the conducted research, it is concluded that the forms of liability are most effective when they are combined when several property forms of liability (for example, restitution and compensation) are used together with non-property forms of liability. It is noted that non-property forms of liability are the most effective in terms of influencing the reputation of the harm-doer, due to their publicity.
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