The Court’s Ruling on the Merits of this Application
27. One of the fundamental principles of contemporary international law
on State responsibility, that constitutes a customary norm of international
law,
harm
is that,
any
violation
of an
entails the obligation
international
to provide
classicus in this regard is the Germany
Case where the Permanent
obligation
adequate
that has caused
reparation.
The
/ocus
v. Poland (Factory at Chorzow)
Court of International Justice (PClJ) stated
the principle thus:
“... the Court observes that it is a principle of international law, and even
a general conception of law, that any breach of an engagement involves
an obligation to make reparation.
In Judgment No. 8, when deciding on
the jurisdiction derived by it from Article 23 of the Geneva
the
Court
has
already
said
that
reparation
complement of a failure to apply a convention,
is
the
Convention,
indispensable
and there is no necessity
for this to be stated in the convention itself. The existence of the principle
establishing the obligation to make reparation,
as an element of positive
international law, has moreover never been disputed in the course of the
proceedings in the various cases concerning the Chorzow factory.”
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' Merits 1928 PCIJ Series A, Judgment of the Permanent Court of International
Justice No 17 of 13 September 1928, at 29.
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