Remedies against International Organisations

By Karel Wellens | Go to book overview

6
The potential outcome of remedies:
scope ratione remedii

With regard to the potential outcome of remedies, there generally seems to be an obvious connection between the identity of the party seeking redress, the kind of accountability involved, and the forum before which a remedial action has been brought. Although remedies available to states within the internal system of an international organisation are not designed to afford redress to the individual, they may produce indirect remedial effect to groups of individuals potentially affected by the organisation's act or omissions.


Judicial remedies

The potential outcome of non-judicial legal remedies will be analysed shortly, but with regard to judicial remedies the following aspects are of particular relevance, both to proceedings before the International Court of Justice and before arbitral tribunals.

Express guidance on declaratory judgments, specific performance or injunctive relief cannot be found in Article 36 of the Statute of the ICJ, which in the remedial sphere has applied general principles of procedural law.1
The remedial function of declaratory judgments has perhaps too often been underestimated and regarded as a separate category. Ian Brownlie has identified, inter alia, the following ‘remedial forms sheltering under the umbrella of the declaratory judgment’:2 the finding of liability could provide an impetus for negotiations as an appropriate solution to the dispute; the ruling as a matter of
____________________
1
I. Brownlie, The Rule of Law in International Affairs at the Fiftieth Anniversary of the United Nations (The Hague and London: Martinus Nijhoff Publishers, 1998), p. 122.
2
Ibid., p. 126.

-54-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Remedies against International Organisations
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 295

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.