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COMPENSATION IN INTERNATIONAL LAW
of the International Tribunal for Law of the Sea. Additionally attention is given to
legal issues such as the distinction between liability for lawful state conduct and state
responsibility reflected in the legal regime of the Convention of the Law of the Sea.
Another interesting issue is is the subject legally entitled for a reparation (ship owner
or state of the flag of the ship). The cases of
M/V Saiga
and
Corfu Channel
are further
analysed. Although not primarily a reparation, the author reflects on calculation of
bail or financial guarantee as an useful analogy for calculating indemnification.
Summary and recommendations
The end of the publication provides concluding remarks about the results of the
Specific University Research project concerning the relationship of a non-state actor
claiming reparation from a state entity in the sphere of international public law.
Interestingly, the conclusion of the publication does not end entirely by stating
clear answers; on the other hand, it provides the reader with more concrete questions
which can provide impetus for future research into the field of indemnification in
international public law.
The sources cited are comprised of abundant foreign literature and remarks by
authors from Czech academia.
As a whole, publication provides overview of indemnification with its different
approaches in special regimes of international public law.
Tomáš Lipták*
* Mgr. Tomáš Lipták
is PhD. Student at the Department of International Law, Faculty of Law, Charles
University in Prague.