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Articles 1 - 6 of 6
Full-Text Articles in Legal Remedies
Bits, Ippas, Trips And Icsid: Justice For Some, Alphabet Soup For All, Christopher Wadlow
Bits, Ippas, Trips And Icsid: Justice For Some, Alphabet Soup For All, Christopher Wadlow
Christopher Wadlow
Examines the possibility that ICSID (the International Centre for Settlement of Investment Disputes) might be a more favourable forum than the WTO for private party complaints of violations of the TRIPs Agreement, if the state conduct alleged to violate TRIPs amounted to expropriation or breach of the principle of fair and equitable treatment.
Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic
Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic
San Diego International Law Journal
The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …
2007 International Trade Decisions Of The Federal Circuit, Munford Page Hall Ii, Michael S. Lee
2007 International Trade Decisions Of The Federal Circuit, Munford Page Hall Ii, Michael S. Lee
American University Law Review
No abstract provided.
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Faculty Scholarship
One of the bedrock principles of contemporary international law is that victims of human rights violations have a right to an “effective remedy.” International courts usually hold that effective remedies must at least make the victim whole, and they sometimes adopt even stronger remedial rules for particular categories of human rights violations. Moreover, courts have refused to permit departure from these rules on the basis of competing social interests. Human rights scholars have not questioned this approach, frequently pushing for even stronger judicial remedies for rights violations. Yet in many cases, strong and inflexible remedial rules can perversely undermine human …
Prostituting Peace: The Impact Of Sending State's Legal Regimes On U.N. Peacekeeper Behavior And Suggestions To Protect The Populations Peacekeepers Guard, Alexandra R. Harrington
Prostituting Peace: The Impact Of Sending State's Legal Regimes On U.N. Peacekeeper Behavior And Suggestions To Protect The Populations Peacekeepers Guard, Alexandra R. Harrington
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Collateral Protection Of Rights In A Global Economy, Sheldon Leader
The Collateral Protection Of Rights In A Global Economy, Sheldon Leader
NYLS Law Review
No abstract provided.