Principle of damages under international law

2015 Fiscal Year Final Research Report

• Project/Area Number: 24730037
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: International law
• Research Institution: Kobe University
• Principal Investigator: Tamada Dai 神戸大学, 法学(政治学)研究科(研究院), 教授 (60362563)
• Project Period (FY): 2012-04-01 – 2016-03-31
• Keywords: 賠償 / 国際裁判 / 原状回復 / 金銭賠償 / 精神的満足 / 精神的損害 / 投資仲裁

Outline of Final Research Achievements

As to the principle of damages under international law, this research clarified its content. Basic principle, established in the early 1920's, was based on the notion of "punition", while the ILC's codification work has made a profound change on it by adopting the principle based on the notion of "proportionality". This change is reflected in the articles of FTAs and BITs. At the same time, this change can be seen in the investment arbitration which make flexible findings on damages in the recent case law.

Free Research Field

国際法