A BRIEF REFLECTION ON THE NOTIONS OF TIME AND REPARATION IN INTERNATIONAL LAW

Authors

  • Alice Lopes Fabris Université de Paris

DOI:

https://doi.org/10.12818/P.0304-2340.2022v81p61

Abstract

This paper proposes a reflection on the influence of the notion of time in determining adequate reparation. Based on a new paradigm advocated by Professor Antônio Augusto Cançado Trindade, there is a need for humanization in international law. From this humanization, a new problem arises: if the time of the State is different from the time of the individuals, it is necessary to rethink the time of reparation. Thus, an analysis is made of how temporality can impact the modes of reparation recognised by classic international law: restitution, compensation, and satisfaction, which include rehabilitation and guarantees of non-repetition. In this reassessment, new principles are identified that should guide the reparation.

Published

2024-01-18

Issue

Section

Artigos