Jump to ContentJump to Main Navigation
Remedies in International Human Rights Law$
Users without a subscription are not able to see the full content.

Dinah Shelton

Print publication date: 2006

Print ISBN-13: 9780199207534

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207534.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 September 2021

Concepts and Theories of Remedies

Concepts and Theories of Remedies

(p.7) 1 Concepts and Theories of Remedies
Remedies in International Human Rights Law


Oxford University Press

The theoretical foundations of remedies are rarely discussed in international human rights law and practice. Yet, in order to construct and afford appropriate remedies, human rights law must develop not only a primary legal framework expressing the duties of states and other actors in this field, but a secondary theory of what duties exist when a primary duty is violated. 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 recently have provided other theoretical models to approach the issue of responding to human rights violations. This chapter discusses the meaning of and theoretical approaches to remedies and the differences between private law and public law cases.

Keywords:   remedies, human rights, international law, human rights violations, public law, private law, compensatory justice

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .