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Remedies in International Human Rights Law$
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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

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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: 26 September 2021

Procedural Issues

Procedural Issues

(p.239) 6 Procedural Issues
Remedies in International Human Rights Law


Oxford University Press

International tribunals have adopted rules and decided cases setting forth the procedural requirements to claim remedies, including standing to file claims and presentation of claims. This chapter reviews the rules and case law on these issues. International tribunals have used their implied powers to ensure that the term ‘victim’ or ‘injured party’ is interpreted to achieve the goal of wiping out the consequences of the harm, even where the consequences are collateral to the immediate injury. In so doing, the Inter-American Court has developed a practice of dividing awards among survivors according to its own view of appropriate succession. This practice unsettles the legitimate expectations of individuals living within a specific legal system that establishes who are their heirs and successors. It also divests spouses of a portion of their marital property. The Court should reconsider its practice.

Keywords:   international tribunals, remedies, claims, case law, Inter-American Court

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