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Additional resources for Baltic Yearbook of International Law
J. Frowein, ‘Reactions by Not Directly Affected States on Violations of Public International Law’, (1994) 248 Recueil des cours, p. 405. 45 Barcelona Traction, ICJ Reports, 1970, p. 34; G. Gaja, ‘Ius Cogens, Obligations Erga Omnes and International Crimes: A Tentative Analysis of Three Related Concepts’, in J. Weiler, A. Cassese and M. ), International Crimes of State: A Critical Analysis of Article 19 of the ILC’s Draft Articles on State Responsibility, Berlin, Walter de Gruyter Verlag, 1989, p.
1432. Walter Fletcher Smith might be invoked as an evidence of a somewhat liberal approach towards restitution. The Arbitrator awarded pecuniary compensation though he held that ‘it would not be inapropriate that, according to law, the property should be restored to the claimant’, Walter Fletcher Smith Claim, RIAA, volume II, p. 918. According to the ILC, the Tribunal took into account the internal situation of the defendant State in deciding the appropriateness of certain remedies. ILC Report (1993), A/48/10, p.
But in disputes involving peremptory norms that protect community interests, such an approach is ill founded by definition, because remedying jus cogens violations is in the interest of the international community as a whole. 100 For the purposes of remedying violations of peremptory norms (it may be routinely assumed that serious and grave human rights violations fall within that category), the option of declaratory judgments should be treated with caution and care, for is does not at all ensure that the wrongful consequences of a violation are objectively redressed.