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: 15 January 2021

Non-Monetary Remedies

Non-Monetary Remedies

(p.269) 8 Non-Monetary Remedies
Remedies in International Human Rights Law


Oxford University Press

Non-monetary awards can be difficult to adjudicate, formulate, administer, and enforce. They are also more invasive of state sovereignty. When deciding whether to order a political body to act, courts may ask whether it will be difficult or impossible to secure compliance, probably speculating about this more often at the international level where the courts are relatively young and the habit of compliance is not yet ingrained. Disobedience may cause the court to lose prestige, and provide a disincentive to others to accept the court's jurisdiction. The risk of non-compliance may make courts reluctant to issue an order, especially because the wrongdoer has already shown a disregard for the substantive law. When, however, a court considers the likelihood of obedience in adjudicating remedies, it improperly places the victim's rights at the mercy of defendant's obduracy.

Keywords:   non-monetary remedies, state sovereignty, non-compliance, victim rights

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 .