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Part I The Conceptual Framework, 2 Meanings and Purposes of Remedies

From: Remedies in International Human Rights Law (3rd Edition)

Dinah Shelton

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 20 May 2022

Economic, social, and cultural rights — Human rights remedies — Remedies — Remedies and costs
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 have provided additional theoretical models to approach the issue of responding to human rights violations. This chapter discusses the theoretical foundations for remedies and the differences between private law and public law cases. A remedy is owed only to certain persons and only under certain conditions. This section describes the...
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