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The Temporal Scope of Application of the Customary Standard of ‘Full Protection and Security’

  • Sebastián Mantilla Blanco
Chapter
Part of the European Yearbook of International Economic Law book series (EUROYEAR, volume 8)

Abstract

The FPS standard is applicable both before and after the occurrence of a harmful event. Prior to the injury, FPS imposes an obligation to exercise due diligence in the prevention of harm. After the infliction of an injury, FPS requires the host state to provide adequate means of redress. While both functional dimensions of the FPS standard refer to the same type of risks, the activation of the redress obligation is not contingent upon a previous breach of the prevention obligation. The injury as such triggers the obligation of redress, regardless of whether the failure to prevent its occurrence constitutes an internationally wrongful omission.

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  • Sebastián Mantilla Blanco
    • 1
  1. 1.BonnGermany

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