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Unjust Enrichment in International Law

Unjust Enrichment in International Law cover

Description

This book offers the first comprehensive study of unjust enrichment as a principle of international law.

While domestic legal systems have long recognised unjust enrichment as a basis for restitution, its role in international law remains underexplored. This book addresses this gap by examining the principle's status as a general norm of international law and its implications for inter-state relations, investment arbitration, and the interpretation of other international rules.

The book advances three key arguments: that unjust enrichment claims in international law may extend to indirect recipients; that states enriched through conduct harming another state can incur restitutionary obligations even without a direct transfer; and that the principle of unjust enrichment is not merely subsidiary to the law of state responsibility. Through rigorous analysis, the book explores the rationales underlying unjust enrichment - proprietary, fairness, and wrongfulness - and evaluates their applicability in the international arena. It also considers practical challenges such as indeterminacy, multiple-claimant situations, and the risk of proliferating disputes.

Drawing on jurisprudence from the Iran-US Claims Tribunal, ICSID, and other international tribunals, as well as comparative insights from English, German, USA, and other domestic laws, the book provides a nuanced framework for applying unjust enrichment in international law. It will be indispensable for scholars of public international law, practitioners engaged in inter-state adjudication, government lawyers, and investment arbitration specialists seeking principled solutions to complex disputes.

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Table of Contents

1. The Status and Fundamental Characteristics of the Principle of Unjust Enrichment in International Law
2. Proprietary Entitlements and Wrongful Enrichment
3. The Fairness Rationale
4. 'Propertisation' Theories
5. Development of the International Norm Against Unjust Enrichment
6. Loss and Enrichment in the Application of the International Norm Against Unjust Enrichment
7. Unjust Enrichment and an Indirect between Loss and Gain
8. Internationally Harmful Conduct by Private Parties and Unjust Enrichment of States
9. Challenge in Applying the International Norm Against Unjust Enrichment to Cases of an Indirect Link Between Loss and Gain
10. Is the International Norm Against Unjust Enrichment Subsidiary to the Law of State Responsibility?
11. The Role of the Concept of Unjust Enrichment in the Development and Interpretation of Customary and Treaty Norms of International Law
12. Does the Norm against Unjust Enrichment Bear on the Application of the Law of State Responsibility?

Product details

Published 18 Feb 2027
Format Ebook (Epub & Mobi)
Edition 1st
Pages 288
ISBN 9781509999064
Imprint Hart Publishing
Series Studies in International Law
Publisher Bloomsbury Publishing

About the contributors

Author

Ariel Zemach

Ariel Zemach is Senior Lecturer at Columbia Univer…

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