A Hermeneutical Perspective upon the 'Mitigation of Damages' Principle: The Metamorphosis of a Concept in International Law
Article from: TDM 6 (2015), in Compensation and Damages in International Investment Arbitration
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 ...