'Awarding Compensation in a Fragmented Legal System: The Diallo Case'

The main focus of the article is on the principles for determining compensation in the ICJ Judgment of 2012,while taking into account the practice by other courts and tribunals. It is argued that awarding of compensation is different from determining issues of substantive law. Judgments on compensation will not be contradictory, but may be inconsistent and may lead to forum shopping. The Judgment shows that the Court had little difficulty in applying the practice by other courts and tribunals as providing guidance, rather than an obstacle in reaching its decision.