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

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...