Common use of Substantive Obligations Clause in Contracts

Substantive Obligations. As seen, in the case concerning the Kosovo lead poisoning, the HRAP found extensive violations of the ECHR as well as other international human rights instruments. The HRAP recommended, amongst others, that ‘UNMIK . . . takes appropriate steps towards payment of adequate compensation’.324 Apart from stipulating that the compensation was for both material and moral damages,325 the HRAP did not elaborate on its recommendation. As the HRAP drew heavily on ECtHR case law, its recommendation on compensation may have been inspired by Article 41 of the ECHR (‘Just satisfaction’). That provision reads as follows: ‘If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.’ As explained by ▇▇▇▇▇▇▇▇▇ regarding the ECtHR’s power under that provision: 323 Daugirdas and ▇▇▇▇▇▇▇▇▇ (2021), at 71. 324 N.M. and Others v. UNMIK, Opinion of 26 February 2016, HRAP, Case No. 26/08, 55 ILM 925 (2016), para. 349.