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Max Planck Encyclopedia of Public International Law [MPEPIL]

Remedies

Francesca Capone

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 09 May 2021

Subject(s):
Foreign relations law — International responsibility

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Remedies is the field of law dealing with the means by which a right is enforced or the violation of a right is prevented or redressed. Remedies are of four kinds: by act of the party injured, by operation of law, by agreements between parties (Mediation; Negotiation), and by judicial remedies. The first three types are defined as ‘extrajudicial’. Judicial remedies contain two separate, although entwined, concepts, namely a procedural and a substantive one. The first refers to the processes by which claims following a violation of the law are heard or decided,...
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