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The Chorzow Factory case serves as a means for tribunals and academics to make different kinds of assertions regarding the application of customary international law (CIL) and the principle of full reparation. Internationally, both tribunals and academics argue that this case is CIL, and that it serves as evidence for the principle of full reparation at the moment of assessing the damage in a case. Against this background, this chapter demonstrates that the aforementioned affirmations are not exact and that have been taken out of context by some parts of academia and tribunals themselves. Firstly, the Chorzow ruling does not cite the legal sources that, without doubt, would allow them to affirm the formerly made statements. Secondly, the ruling did not categorically say that CIL had been used as a source, as has been said by many investment arbitral awards. Thirdly, the context in which the decision was awarded is overlooked. In light of the former, it will be shown that most of the decisions of the Permanent Court of International Justice (PCIJ) were made by way of general statements, without citing the direct sources that established such rules.
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