Factory at Chorzów (Merits)
E851648
case of the Permanent Court of International Justice
international court judgment
landmark case in international law
Factory at Chorzów (Merits) is a landmark 1928 judgment of the Permanent Court of International Justice that established foundational principles on state responsibility and the standard of reparation in international law.
Observed surface forms (2)
| Surface form | Occurrences |
|---|---|
| Chorzów Factory case (Merits) | 1 |
| Factory at Chorzów (Germany v. Poland) | 1 |
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
case of the Permanent Court of International Justice
ⓘ
international court judgment ⓘ landmark case in international law ⓘ |
| applicantState | Germany NERFINISHED ⓘ |
| citationStyle | Factory at Chorzów (Germany v. Poland), Merits, Judgment, 1928, P.C.I.J. Ser. A, No. 17 NERFINISHED ⓘ |
| courtSeat | The Hague NERFINISHED ⓘ |
| decidingCourt | Permanent Court of International Justice NERFINISHED ⓘ |
| decisionDate | 1928-09-13 ⓘ |
| establishesDoctrine |
full reparation principle in international law
ⓘ
principle of restitutio in integrum ⓘ standard of compensation for unlawful expropriation ⓘ |
| frequentlyCitedFor |
measure of damages in international investment arbitration
ⓘ
standard of reparation in state responsibility ⓘ |
| fullName | Case concerning the Factory at Chorzów (Merits) NERFINISHED ⓘ |
| geographicalContext |
Chorzów
NERFINISHED
ⓘ
Poland NERFINISHED ⓘ Upper Silesia NERFINISHED ⓘ |
| historicalContext |
aftermath of World War I
ⓘ
interwar period ⓘ |
| influencedBody | International Court of Justice jurisprudence on reparations ⓘ |
| influencedInstrument | International Law Commission Articles on Responsibility of States for Internationally Wrongful Acts NERFINISHED ⓘ |
| involvesState |
Germany
NERFINISHED
ⓘ
Poland NERFINISHED ⓘ |
| keyPrinciple |
any breach of an engagement involves an obligation to make reparation
ⓘ
compensation must cover both damnum emergens and lucrum cessans ⓘ if restitution is impossible, reparation must take the form of compensation ⓘ reparation must as far as possible wipe out all the consequences of the illegal act ⓘ reparation must place the injured party in the position it would have been in if the wrongful act had not been committed ⓘ restitution in kind is the primary form of reparation ⓘ |
| languageOfJudgment |
English translation available
ⓘ
French ⓘ |
| legalField |
international investment protection
ⓘ
law of state responsibility ⓘ public international law ⓘ reparations in international law ⓘ |
| legalStatus | authoritative precedent in international law scholarship ⓘ |
| originatingTreatyContext | Geneva Convention concerning Upper Silesia (1922) GENERATED ⓘ |
| phaseOfProceedings | merits ⓘ |
| proceduralPosture | judgment on the merits following a prior jurisdictional decision ⓘ |
| region | Europe ⓘ |
| relatedCase | Factory at Chorzów (Jurisdiction) NERFINISHED ⓘ |
| respondentState | Poland NERFINISHED ⓘ |
| seriesNumber | P.C.I.J. Series A No. 17 NERFINISHED ⓘ |
| shortName | Chorzów Factory (Merits) NERFINISHED ⓘ |
| subjectMatter |
expropriation of industrial property
ⓘ
standard of reparation ⓘ state responsibility for internationally wrongful acts ⓘ |
| yearDecided | 1928 ⓘ |
Referenced by (3)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Factory at Chorzów (Germany v. Poland)
this entity surface form:
Chorzów Factory case (Merits)