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Part IV The Substance of Redress, 9 Declaratory Judgments

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

Dinah Shelton

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 26 January 2021

Subject(s):
Human rights remedies — Remedies — Arbitrators — Remedies and costs
From the perspective of a defendant state, a declaratory judgment is the least intrusive remedy that a tribunal can afford the victim of a human rights violation. If the state concerned is committed to the rule of law, a declaratory judgment should be effective to end the violation and prevent similar breaches in the future. In fact, for states committed to upholding a treaty and fulfilling in good faith their obligations, the adjudication itself may be of greatest significance, as Borchard noted: The adjudication, not the command, is the essence of judicial...
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