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Remedies in International Human Rights Law$
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Dinah Shelton

Print publication date: 2006

Print ISBN-13: 9780199207534

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207534.001.0001

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Concepts and Theories of Remedies

Concepts and Theories of Remedies

Chapter:
(p.7) 1 Concepts and Theories of Remedies
Source:
Remedies in International Human Rights Law
Author(s):

DINAH SHELTON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207534.003.0002

The theoretical foundations of remedies are rarely discussed in international human rights law and practice. Yet, in order to construct and afford appropriate remedies, human rights law must develop not only a primary legal framework expressing the duties of states and other actors in this field, but a secondary theory of what duties exist when a primary duty is violated. In most legal systems, including the international legal system, the aims of compensatory justice and deterrence are most often cited as the foundation for the law of remedies. Restorative justice, retribution, and economic analysis recently have provided other theoretical models to approach the issue of responding to human rights violations. This chapter discusses the meaning of and theoretical approaches to remedies and the differences between private law and public law cases.

Keywords:   remedies, human rights, international law, human rights violations, public law, private law, compensatory justice

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