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Darren Burrows

Darren Burrows

Senior Clerk
+44 (0)20 7520 4611
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Jackie Ginty

Jackie Ginty

First Deputy Senior Clerk
+44 (0)20 7520 4608
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Rob Smith

Rob Smith

Deputy Senior Clerk
+44 (0)20 7520 4612
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Times Law Awards

Should states and private parties be entitled to recover reparations from aggressor states, and if so, how?

This is a vital and timely question. It is timely not only due to the Russian invasion of Ukraine and continuing state aggressions elsewhere, of which there are currently at least 20 wars involving more than 1,000 deaths per year, but to wider technological and political developments. Technology has increased the precision of the aggressive power of states, their individual awareness of whom they harm, and the ability of those they harm to prove what happened. Aggressor states may have property all over the world which injured states and private parties may claim in local courts in reparation. They may be denied justice in the courts of the aggressor state, and may claim this is contrary to the law of the aggressor state and to international law. They may be denied access to justice in the courts of the state where the aggression occurred. There may be no international tribunal in which injured private parties can access justice. If they are denied a forum, that itself is a denial of justice. Traditionally, their state had the right, but not the obligation, to complain against the aggressor state on their behalf. However, not all states are subject to the compulsory jurisdiction of the International Court of Justice. Victims of state aggression, both states and private parties, are therefore often without a forum in which they are entitled to obtain reparation. Increasingly, this is regarded as itself a denial of justice, contrary to international law and national law. Questions therefore arise as to whether states and private parties should have an entitlement to recover reparations from aggressor states, either in national courts or in international tribunals, but not in neither, and without denial of justice.

The essay competition is open to all students registered with UK higher education institutes, pupil barristers and trainee solicitors. Essays should be no more than 1,000 words and must be received by midday on Monday, 16 January 2023.  There are more than £10,000 of prizes on offer to the six finalists, whose entries will be read by a judging panel of senior figures, including Lord Sales, a justice of the UK Supreme Court, and Lord Grabiner KC, the head of chambers at One Essex Court.  The awards will be presented at a dinner ceremony at the Guildhall in the City of London in May next year. Full rules and entry details can be found here.