Courts and Procedure

Remedies before the International Court of Justice: A Systemic Analysis

By Victor Stoica
Cambridge University Press March 2021

Specifications

ISBN-13
9781108490825
Publisher
Cambridge University Press
Publication
March 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Understanding exactly how the International Court of Justice applies the remedies of international law is vital in order to determine its prioritisation of remedies and its rationales for resolving inter-state disputes. This analysis also shows whether the framework of remedies of international law, designed by the International Law Commission through the Articles on Responsibility of States for Internationally Wrongful Acts, is strictly observed by the International Court of Justice. This is among the few systemic studies in the field of remedies, contrasting the theoretical controversies with a complete survey of the large set of requests that have been submitted before the ICJ. International lawyers, agents of states and diplomats will be able to identify the relevant case-law for each remedy in order to frame more effective requests to the Court. This study will also be of interest to researchers, practitioners, judges, policymakers, and graduate students.

Table of Contents

Introduction
1. Jurisdiction
2. Provisional Measures
3. Declaratory Judgments
4. Specific Performance
5. Cessation, Assurances and Guarantees of Non-Repetition
6. Restitution in Kind
7. Compensation
8. Satisfaction
9. The Case Law of International Courts and Tribunals
Conclusions
Annexes
Bibliography
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