Part Two, Chapters I and II of the ARSIWA: Remedies

This entry discusses the provisions in Part Two, Chapters I and II of the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA), Art. 28-39. It sets out their requirements, presents the relevant literature and decisions dealing with the remedies available when international responsibility of a state is established. For the most part, these rules constitute customary international law. International courts operating in the interstate context and investment tribunals usually take either the ARSIWA directly or the decisions and state practice regarding remedies the ILC sought to codify as a starting point. However, despite this shared starting point, divergence of the practices in general international law and in investment law has emerged, especially regarding compensation, the most commonly ordered remedy. Investment tribunals have traditionally preferred awards of compensation over all other remedies. In contrast, other international courts and tribunals are more likely to consider a wider range of available remedies, including cessation of unlawful conduct, determinations of material or juridical restitution, and declarations awarding satisfaction.