A Hermeneutical Perspective upon the 'Mitigation of Damages' Principle: The Metamorphosis of a Concept in International Law

H. Ciurtin
Ciurtin, Horia

Article from: TDM 6 (2015), in Compensation and Damages in International Investment Arbitration

Abstract

The present study begins by reconsidering the conceptual genesis of the 'damage mitigation' principle in relation to its expansion beyond its initial common law boundaries. Thus, its transition to 'lex mercatoria' is depicted, emphasising the gradual manner in which the 'mitigation of damages' transformed into a fundamental principle of customary international law. Following this path, we further analyse the normative content of this principle in a number of interconnected and overlapping areas of international law. More precisely, our initial 'cosmological' approach is ...

To read this article you need to be a subscriber

Sign in

Forgot password?

Sign in

Subscribe

Fill in the registration form and answer a few simple questions to receive a quote.

Subscribe now

Why subscribe?

TDM journal

Access to TDM Journal articles (well over 2500 articles in total for Premium account holders)

Legal & regulatory

Access to Legal & Regulatory data (well over 10000 documents)

OGEMID

OGEMID membership (lively discussion platform bringing together the world's international dispute management community)

Suggested Citation

H. Ciurtin; "A Hermeneutical Perspective upon the 'Mitigation of Damages' Principle: The Metamorphosis of a Concept in International Law"
TDM 6 (2015), www.transnational-dispute-management.com

URL: www.transnational-dispute-management.com/article.asp?key=2269