Andreas Kulick, Federica Paddeu and Martins Paparinskis (eds), Oxford University Press (publication planned for early 2028)

Funded by the Fritz Thyssen Foundation

The Permanent Court of International Justice (PCIJ)’s judgment of 13 September 1928 in the Case Concerning the Factory at Chorzów established the principle of full reparation in international law, which remains, to the present day, the central doctrine in matters of reparation in all areas of international law. It has tremendous practical relevance in such different areas as the laws of war, climate change and environmental law, international human rights or international investment law. The year 2028 will mark its 100^th anniversary.

Despite its prominence and practical importance, there is little to none discussion on and inquiry into the historical contingency and context of the judgment, nor is it explored what such contingency and context entail for the validity of the doctrine itself. In addition, questions abound as to whether the Chorzów Factory doctrine needs adaptation or change depending on the specific area of international law in which it is applied – or whether practice in fact already undertakes such modifications. What is more, Chorzów’s full reparation principle is increasingly being contested in international practice – state and judicial. Among the critical voices are those that argue that the principle is outdated or ineffective regarding actual challenges of damages valuation and calculation, that it is unable to take equitable considerations into account or that it is oblivious of the challenges of the Global South.

This book will address these challenges by focusing on the following in particular:

• It will offer in-depth analysis of the historical, doctrinal and theoretical background of the Chorzów Factory judgment.
• It will seek to conceptualize how the principle of full reparation does, may and should evolve in the most relevant specialized areas of international law, in light of its historical contingency.
• It will suggest, in various chapters, different avenues to address the challenges the principle of full reparationexperiences and think beyond it, in light of the judgment’s historical context, its application in different areas of international law as well as fundamental questions of fairness and equity.

The book will provide the first comprehensive historical, theoretical and doctrinal treatment of the by far most important international decision on one of the most consequential doctrines of international law. It will be of the highest interest for both academics and practitioners alike, with historical and theoretical insights of particular value to scholarship and doctrinal conclusions drawn from such insights with potentially high relevance also for the practice of international law. Thereby, the volume will make a lasting contribution to scholarship and practice in international law, with resounding consequences for pivotal specialized areas of international law such as the use of force, the law of armed conflict, international environmental and climate change law, international economic and international human rights law. It brings together a regionally and gender-diverse team of contributors of the highest calibre and expertise in general international law, specialized areas of international law as well as comparative private legal history and legal and political philosophy, among others.