514 / 532
498
TOMÁŠ LIPTÁK
CYIL 5 ȍ2014Ȏ
Rights and problems that have arisen. The authors’ legal findings provide that just
satisfaction can be provided for natural persons and legal persons as well; however,
rights which are the object of wrongful state conduct differ, and so does the type of
satisfaction or an amount of pecuniary compensation given. As an interesting example
of the discrepancy between just satisfaction provided for legal and natural persons in
the case law of the European Court of Human Rights is the case
Agrokompleks v.
Ukraine,
which amounted to 27 million Euros for the Agrokompleks company. More
interesting, the authors of the chapter further provide for a plausible explanation for
the above mentioned phenomenon.
In another chapter Milan Lipovský provides insight into the institution of
rehabilitation which is materialising in contemporary international law.
An overview is provided in defining rehabilitation and giving a comparison to
the other institutions of reparation in the international law. More interesting is the
clarification of the term rehabilitation based on cues found in the existing sources
of international law, e.g. the UN Convention against Torture, the Rome Statute of
the International Criminal Court, the UN Convention on the Rights of Persons
with Disabilities or International Covenant, the International Covenant on Civil
and Political Rights. Albeit in theory, the chapter clearly states the importance of this
specific institution in future practice specifically in the form of social, medical, legal
or psychological counseling for victims of internationally wrongful conduct.
Special forms of reparation for damages
The next chapter concerns liability for oil pollution damage as an addition to
the international state responsibility for wrongful conduct. Jan Ondřej reflects on the
advisability of extending the responsibility of state parties for breaching obligations
contained in the present regime of the International Convention on Civil Liability
for Oil Pollution Damage and the International Fund for Compensation for Oil
Pollution Damage. An overview of conventions is given with emphasis on the number
of contractual state parties or on the insufficiency of the aforementioned instruments
in compensating damages caused by oil pollution.
Liability for nuclear damages is the topic of an adjoining chapter provided by
Kamila Hájíčková. The chapter provides a brief overview of relevant legal principles,
international and national Czech legislation concerning civil liability. The main
premise of the chapter deals with the clash of international obligations arising from
different sources of law, namely obligations of member states of European Union
arising from Acquis Communautaire and, on the other hand, obligations arising
from international law concerning nuclear damages.
As a final touch comes a chapter from Vojtěch Pospíšil presenting reparation in
the regime of international maritime law. The reader can get acquainted with the
indemnification mechanism of the United Nations’ Convention on the Law of the
Sea, especially in the case of hot pursuit and the right of visit based on the case law