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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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Reparations in the Law of State Responsibility

Reparations in the Law of State Responsibility

Chapter:
(p.50) 3 Reparations in the Law of State Responsibility
Source:
Remedies in International Human Rights Law
Author(s):

DINAH SHELTON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207534.003.0004

Prior to the development of international human rights law, violations of international law were met with responses under the law of state responsibility. This traditional body of law, particularly the part of it that concerns the mistreatment of aliens, contains useful precedents for evaluating the nature and scope of remedies afforded in state practice. Clearly, the law of state responsibility remains applicable to a human rights violation by a state in breach of an international obligation contained in a treaty or customary international law. This chapter reviews the law of state responsibility, in particular the redress afforded for injury to aliens, in order to identify general principles and precedents that may be applicable or useful in addressing human rights violations.

Keywords:   reparations, law of state responsibility, human rights, human rights violations, international law, injury to aliens, remedies

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