Chapter

Remedies in the International Court of Justice Speech to the Sixth Committee (Legal) of the General Assembly 27 October 2006

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0108
Remedies in the International Court of Justice Speech to the Sixth Committee (Legal) of the General Assembly 27 October 2006

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This chapter examines the increasing importance of remedies as an issue in litigation in the International Court of Justice. The determination of an appropriate remedy is integral to the Court’s role in the peaceful settlement of a dispute. The remedy provides the link between the judicial phase and the post-judicial implementation of the judgment. It is the concrete outcome of the litigation between the parties, and one which they will have to explain to their domestic audiences. Where the Court is applying or interpreting a particular treaty, the question has been asked whether some separate head of jurisdiction is needed for it to specify a remedy for any breach thereof. The argument was advanced by the United States in the LaGrand case that certain remedies sought by Germany form part of the law of state responsibility, and are thus outside of the treaty concerned, which constitutes the sole basis of jurisdiction for the Court. To date, the Court has treated requests for guarantees of non-repetition with the greatest of caution.

Keywords: International Court of Justice; remedies; litigation; breach; United States; Germany; state responsibility; jurisdiction; non-repetition

Chapter.  3003 words. 

Subjects: Public International Law

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