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Remedies in International Adjudication

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0007
Subject:
Law, Public International Law

This chapter considers whether international courts have common approaches to the granting of remedies. It first examines the source of the power to award remedies. It then explains the obligation in ... More


A Common Law of International Adjudication

Chester Brown

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.001.0001
Subject:
Law, Public International Law

The proliferation of international courts and tribunals has given rise to several new issues affecting the administration of international justice. This book makes a significant contribution to ... More


Introduction

Christine D. Gray

in Judicial Remedies in International Law

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254324
eISBN:
9780191681462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254324.003.0001
Subject:
Law, Public International Law

This book examines the decisions of international arbitral tribunals, the Permanent Court of International Justice and its successor, human rights courts, administrative tribunals, and international ... More


Judicial Remedies in International Law

Christine D. Gray

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254324
eISBN:
9780191681462
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254324.001.0001
Subject:
Law, Public International Law

The question of the consequences of breaches of international law is only now beginning to attract the attention it deserves. This book deals with one aspect of that wider question: judicial remedies ... More


JUDICIAL REMEDIES

Andrew Burrows

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0021
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter first distinguishes between judicial remedies available pre-trial, those available at trial, and those available post-trial. It then discusses compensation; restitution and punishment; ... More


International Arbitral Practice

Christine D. Gray

in Judicial Remedies in International Law

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254324
eISBN:
9780191681462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254324.003.0002
Subject:
Law, Public International Law

This chapter provides a historical background to international arbitral practice on judicial remedies. A high proportion of the international arbitral tribunals were established to deal with claims ... More


Remedies in the World Court

Christine D. Gray

in Judicial Remedies in International Law

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254324
eISBN:
9780191681462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254324.003.0003
Subject:
Law, Public International Law

This chapter considers the extent of the jurisdiction of the World Court to award remedies in those cases where its jurisdiction is derived from an agreement not containing any express provision on ... More


Scope and Future Development of Judicial Remedies

Christine D. Gray

in Judicial Remedies in International Law

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254324
eISBN:
9780191681462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254324.003.0007
Subject:
Law, Public International Law

This chapter considers some of the suggestions that have been made for overcoming the limits to the role of state responsibility and recent developments in this area in the light of their possible ... More


Implementing Successful Remedies: A Model for Constitutional Compliance

in Courts and Kids: Pursuing Educational Equity through the State Courts

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226706191
eISBN:
9780226706184
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226706184.003.0006
Subject:
Law, Family Law

This chapter proposes a “successful-remedies model” that calls for courts to outline in general, principled terms the expectation that the legislative branch as well as the executive branch will ... More


A Comparison of Judicial Remedies in the European Communities with Judicial Remedies in International Law

Christine D. Gray

in Judicial Remedies in International Law

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254324
eISBN:
9780191681462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254324.003.0004
Subject:
Law, Public International Law

This chapter describes how the use of judicial remedies in international law compares with their role in the European Communities. It is primarily concerned with the functioning of the European Court ... More


Property Protection and Protection of Cultural Heritage

Federico Lenzerini

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0017
Subject:
Law, Constitutional and Administrative Law, Public International Law

In contemporary international law, the tension between the public interest in safeguarding cultural heritage and private property rights — including investors' rights — is often hard to settle, as ... More


National Claims Commissions, The Iran/United States Claims Tribunal, and International Commercial Arbitration

Christine D. Gray

in Judicial Remedies in International Law

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254324
eISBN:
9780191681462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254324.003.0006
Subject:
Law, Public International Law

Traditional interstate arbitration has declined but there remain various alternative procedures and partial substitutes: lump-sum settlements and national claims commissions, and international ... More


Special Tribunals

Christine D. Gray

in Judicial Remedies in International Law

Published in print:
1990
Published Online:
March 2012
ISBN:
9780198254324
eISBN:
9780191681462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254324.003.0005
Subject:
Law, Public International Law

This chapter examines the power of special tribunals to award judicial remedies. It considers whether they – as standing tribunals that have built up a substantial case law – adopted a systematic ... More


Judicial Standards of Review and Administration of Justice in Trade and Investment Law and Adjudication

Ernst-Ulrich Petersmann

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0002
Subject:
Law, Public International Law, Comparative Law

Chapter 2 analyses the inherent powers of international courts, as recognized in the customary law requirements of interpreting international treaties and settling related disputes in conformity with ... More


The Obligation to Recognize the Right to Health by All Appropriate Means

John Tobin

in The Right to Health in International Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199603299
eISBN:
9780191731662
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603299.003.0006
Subject:
Law, Public International Law

This chapter seeks to identify the meaning of the obligation on states to ‘take steps’ to realize the right to health by ‘all appropriate means’. It shows that the work of the human rights treaty ... More


General Introduction

G. H. Treitel

in Remedies for Breach of Contract: A Comparative Account

Published in print:
1988
Published Online:
March 2012
ISBN:
9780198255000
eISBN:
9780191681554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255000.003.0001
Subject:
Law, Law of Obligations

This introductory chapter begins with a description of the courses of action open to a party who is aggrieved by the other party's failure to perform a contract. It then discusses judicial remedies ... More


The Impact of the EU Human Rights System on Operations of Private Military and Security Companies

Ieva Kalnina and Ugis Zeltins

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199604555
eISBN:
9780191725180
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604555.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter assesses the impact of the activities carried out by PMSCs on the enjoyment of human rights under the European Union's (EU) human rights regime. It argues that the state of nationality ... More


The Puzzling Policy Influence of Brazil's Federal Courts

in Judging Policy: Courts and Policy Reform in Democratic Brazil

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804758116
eISBN:
9780804786799
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804758116.003.0002
Subject:
Political Science, Comparative Politics

This chapter examines the influence of the federal courts in the policy process in Brazil. It describes a framework of legal tactical choice and analyzes how judicial structure may shape the tactical ... More


For an Enhanced Role of Jus Cogens

Antonio Cassese

in Realizing Utopia: The Future of International Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199691661
eISBN:
9780191738593
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199691661.003.0013
Subject:
Law, Public International Law

There is general consensus on the existence of a string of overarching international legal principles. In addition, there also is a large measure of agreement of the fact that some principles have ... More


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