4.
Taking into account that, in the instant judgment, the Inter-American Court found
that the payment of compensation for loss of earnings made by the State “is reasonable in
the terms of its case law,” I conclude that it considered this payment to be fair and,
consequently, that it was unnecessary for the Court to proceed in a subsidiary or
complementary manner in this regard. 6
Eduardo Vio Grossi
Judge
Pablo Saavedra Alessandri
Secretary
“Compensation
1. The State responsible for an internationally unlawful act is obliged to compensate the damage caused
by this act to the extent that the said damage has not been repaired by restitution.
2. The compensation shall cover all damage that can be financially assessed, including loss of earnings
insofar as this has been proved.” (Emphasis added by the author)
6
Paragraphs 245 and 246 of the Judgment.
2
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