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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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Non-Monetary Remedies

Non-Monetary Remedies

Chapter:
(p.269) 8 Non-Monetary Remedies
Source:
Remedies in International Human Rights Law
Author(s):

DINAH SHELTON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207534.003.0009

Non-monetary awards can be difficult to adjudicate, formulate, administer, and enforce. They are also more invasive of state sovereignty. When deciding whether to order a political body to act, courts may ask whether it will be difficult or impossible to secure compliance, probably speculating about this more often at the international level where the courts are relatively young and the habit of compliance is not yet ingrained. Disobedience may cause the court to lose prestige, and provide a disincentive to others to accept the court's jurisdiction. The risk of non-compliance may make courts reluctant to issue an order, especially because the wrongdoer has already shown a disregard for the substantive law. When, however, a court considers the likelihood of obedience in adjudicating remedies, it improperly places the victim's rights at the mercy of defendant's obduracy.

Keywords:   non-monetary remedies, state sovereignty, non-compliance, victim rights

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