Part IV The Substance of Redress, 9 Declaratory Judgments

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...