Title
United Nations, Responsibility of States for Internationally Wrongful Acts, 2001.
Content

Responsibility of States for Internationally Wrongful Acts 2001

Part One - The Internationally Wrongful Act of a State

 

Chapter V - Circumstances Precluding Wrongfulness

Article 23 - Force majeure

1. The wrongfulness of an act of a State not in conformity with an international obligation of that State is precluded if the act is due to force majeure, that is the occurrence of an irresistible force or of an unforeseen event, beyond the control of the State, making it materially impossible in the circumstances to perform the obligation.

2. Paragraph 1 does not apply if:

(a) The situation of force majeure is due, either alone or in combination with other factors, to the conduct of the State invoking it; or

(b) The State has assumed the risk of that situation occurring.

Part Two - Content of the International Responsibility of a State

Chapter I - General Principles

Article 31 - Reparation

1. The responsible State is under an obligation to make full reparation for the injury caused by the internationally wrongful act.

2. Injury includes any damage, whether material or moral, caused by the internationally wrongful act of a State.

Chapter II - Reparation for Injury

Article 36 - Compensation

1. The State responsible for an internationally wrongful act is under an obligation to compensate for the damage caused thereby, insofar as such damage is not made good by restitution.

2. The compensation shall cover any financially assessable damage including loss of profits insofar as it is established.

Article 38 - Interest

1. Interest on any principal sum due under this chapter shall be payable when necessary in order to ensure full reparation. The interest rate and mode of calculation shall be set so as to achieve that result.

2. Interest runs from the date when the principal sum should have been paid until the date the obligation to pay is fulfilled.

Referring Principles
Trans-Lex Principle: VI.3 - Force majeure
Trans-Lex Principle: VII.6 - Duty to pay interest
Trans-Lex Principle: VII.7 - Right to charge compound interest
Trans-Lex Principle: XI.1 - Compensation for expropriation
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