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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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Remedies in National Law

Remedies in National Law

Chapter:
(p.22) 2 Remedies in National Law
Source:
Remedies in International Human Rights Law
Author(s):

DINAH SHELTON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207534.003.0003

Remedies for international human rights violations serve purposes similar to those of remedies in national law. It is thus appropriate and probably inevitable that international tribunals draw upon national law, as well as international law, to develop remedies. In turn, as national tribunals hear and decide more cases alleging violations of international human rights norms, they look to international law, including the object and purpose of human rights agreements and the jurisprudence of international tribunals. The result is a complex interplay and mutual influence of national and international law, both public and private. This chapter provides an overview of national remedies against the state for wrongs done by it or its agents, providing examples from different regions and different legal traditions. The main objective of the chapter is to identify the general principles of the law of remedies on which international and national judges draw in deciding human rights cases.

Keywords:   remedies, national law, human rights, human rights violations, international law

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