According to section 1 of chapter 5 of the Finnish Damages and Tort Liability Act of 1974, damages shall constitute compensation for the personal injury and damage to property.

Reparation for injury

Compensation for damage

The Court held the wording to be sufficiently broad to include tort claims, thus concluding for the power of the arbitral tribunal to award damages in tort.

In the event of harm, the aggrieved State should be entitled to compensation by the State from which the harm emanated.

IX. Reparation for harm suffered

Reparation for harm suffered

Reparation for harm suffered

The right to reparation should cover all injuries suffered by victims.

If there was harm, there must be compensation.

SMJ and Mitsui sued Norsul on the bill of lading, claiming damages in contract or tort, or for breach of duty as bailee.

PAAC also received letters from the embassies of each non Kuwaiti detainee, requesting that PAAC file claims on behalf of the detainees. The letters were included in the respective claim files

An injured party may demand a reasonable amount of money to be paid as compensation for non pecuniary damage caused by the violation.

The Panel determines that the loss, damage or injury for which compensation is being sought in the WBC Claim is compensable in this Claim in the amount of US 610,048,547.

(c) Cases where compensation has been granted for damages caused by officials or State organs involving violation of rights guaranteed by the Convention

The Panel has previously stated that Iraq is not liable either for damage that was unrelated to its invasion and occupation of Kuwait or for losses or expenses that are not a direct result of the invasion and occupation.

quot Compensation for damage quot , August 1998.

Such restitution should include the return of property or payment for the harm or loss suffered, reimbursement of expenses incurred as a result of the victimization, the provision of services and the restoration of rights.

Any human rights violation gives rise to a right to reparation on the part of the victim or his beneficiaries, implying duty on the part of the State to make reparation and the possibility of seeking redress from the perpetrator.

Any human rights violation gives rise to a right to reparation on the part of the victim or his or her beneficiaries, implying a duty on the part of the State to make reparation and the possibility for the victim to seek redress from the perpetrator.

In that context, Iraq argued that damage resulting from the invasion and occupation of Kuwait was not compensable unless it reached the threshold that is generally required in international law for compensation in cases of state responsibility for transboundary environmental damage.

Article 17 octies Costs and damages

The respondent also argued before the enforcement court that the arbitral tribunal lacked jurisdiction for the reason that the arbitral award dealt with damages in tort as well as in contract.

In this connection, the State party refers to articles 24(1), 106(2) and 121 of the Constitution concerning compensation for damages caused by violation of rights of individuals.

In the area of human rights it is becoming necessary, at all times and in all places, to establish a remedy for violations of fundamental rights, either to put a stop to a violation or to obtain reparation for material and moral damage arising from a violation.

The court awarded damages to the buyer after noting that the latter retained the right to claim damages notwithstanding the repair carried out at its own expense by the seller (art. 48(1)).

The Panel notes that largest portion of the claim (USD 70,000,000) is for punitive damages, which are not compensable in principle pursuant to Security Council resolution 687 (1991), which limits compensation to direct loss, damage or injury.

Whether or not any environmental damage or loss for which compensation is claimed was a direct result of Iraq's invasion and occupation of Kuwait will depend on the evidence presented in relation to each particular loss or damage.

The right to reparation should cover all injuries suffered by the victim.

Lawyer Christian Schertz said the player would seek compensation for moral damages in an amount corresponding to the gravity of the infringement, which is probably one of the most serious violations of personal rights in recent years.

In particular, although the EHS properly asked respondents about their experience of specific traumatic events that could trigger PTSD, it did not link the responses to reported cases or symptoms of PTSD.

Duty of Claimants to prevent and mitigate environmental damage Iraq contends that some of the damage for which Claimants seek compensation in the fifth F4 instalment has been caused or contributed to by the Claimants themselves, either because they failed to take steps to mitigate damage resulting from the invasion and occupation of Kuwait or because the damage was aggravated by the acts or omissions of the Claimants after the invasion and occupation.

The Committee welcomes the adoption of legislation which establishes measures for the compensation of victims of human rights violations. It also expresses its satisfaction with the information that the next of kin of two particularly serious cases of human rights violations have been compensated by the State party.

In particular, the Panel does not consider that the exclusion of compensation for pure environmental damage in some international conventions on civil liability and compensation is a valid basis for asserting that international law, in general, prohibits compensation for such damage in all cases, even where the damage results from an internationally wrongful act.

(c) The victims apos right to reparations.

In Niger, no law provided for the possibility of payment of damages to an injured party by the State, as employer.

States are called on to establish national mechanisms for reparation to victims, particularly where the party liable for the harm suffered is a State agent or where the perpetrator of the violation will not or cannot meet his or her obligation to provide reparation.

Parallel or concurrent causes of damage Iraq contends that some of the damage for which the Claimants seek compensation cannot be attributed solely to Iraq's invasion and occupation of Kuwait.

The above mentioned article 50 of the Constitution of Costa Rica entitles individuals to denounce any act liable to infringe this right, and to demand compensation in case damage has occurred.

In order to protect the Organization from massive tort claims, compensation for any non economic loss, such as pain and suffering, is limited to 100,000.

The responsibility to provide reparations and compensation to victims of massive human rights violations should be recognized.

Similarly, paragraph 34 of Governing Council decision 7 provides that compensation is available with respect to any direct loss, damage or injury to Governments as a direct result of Iraq's unlawful invasion and occupation of Kuwait.

Damage to natural resources without commercial value Some of the claims in the fifth F4 instalment are for compensation for losses in relation to natural resources alleged to have been damaged as a result of Iraq's invasion and occupation of Kuwait.

(b) Compensation (for physical or mental injury, including lost opportunities, physical damage, defamation and legal aid costs) and

But if he was not the culprit, the damages would be compensated for by the State.