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Re Letelier and Moffitt
Published online by Cambridge University Press: 01 January 2021
Abstract
Damages — Measure of damages — International law principles regarding reparation — Chorzow Factory principle — Death and personal injury — Assassination of exiled political leader — Agreement of respondent State to make ex gratia payment — Reference to International Commission to determine amount of compensation — Loss of future earnings — Moral damages — Relevance of attempts by respondent State to rectify human rights abuses in determining amount of moral damages — Punitive damages — Whether international law provides for punitive damages — Reimbursement of expenses
Claims — Nationality of claims — Local remedies rule — Claim brought by State on behalf of the families of two persons killed by car bomb on territory of claimant State — Members of one family possessing nationality of respondent State
International tribunals — Chile-United States International Commission — Appointment of members — Replacement of member too ill to continue — Procedure — Agreement by Chile to make ex gratia payment without prejudice to question of responsibility — Commission asked to determine amount of award
State responsibility — For human rights violation — Respondent State denying responsibility but agreeing to make ex gratia payment
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- Case Report
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- Copyright
- © Cambridge University Press 1992