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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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Procedural Issues

Procedural Issues

Chapter:
(p.239) 6 Procedural Issues
Source:
Remedies in International Human Rights Law
Author(s):

DINAH SHELTON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207534.003.0007

International tribunals have adopted rules and decided cases setting forth the procedural requirements to claim remedies, including standing to file claims and presentation of claims. This chapter reviews the rules and case law on these issues. International tribunals have used their implied powers to ensure that the term ‘victim’ or ‘injured party’ is interpreted to achieve the goal of wiping out the consequences of the harm, even where the consequences are collateral to the immediate injury. In so doing, the Inter-American Court has developed a practice of dividing awards among survivors according to its own view of appropriate succession. This practice unsettles the legitimate expectations of individuals living within a specific legal system that establishes who are their heirs and successors. It also divests spouses of a portion of their marital property. The Court should reconsider its practice.

Keywords:   international tribunals, remedies, claims, case law, Inter-American Court

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