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What is Implementation of Responsibility by Judicial Process about?

This chapter addresses certain issues concerning the jurisdiction of international courts and tribunals and their implementation of responsibility. The next section sets out the Chorzów Factory principle and examines some possible implications of it. For example, does it apply in reversecan the principle be applied to cases where a tribunal has been asked to decide on compensation for expropriation without having been given explicit jurisdiction to determine whether an expropriation has taken place? The discretion of judicial bodies in awarding remedies is tackled in the third section. The Chorzów Factory principle of full reparation is normally stated in terms of obligation, yet the practice of international courts and tribunals comes close to supporting the idea of a discretion to decide among appropriate remedies. The fourth section addresses certain issues related to the election of remedies. If the Chorzów Factory principle embodies an entitlement, it is nonetheless one which depends in practice on choices made by the claimant. Illustrations include the claimant's right to elect the form of remedy, election of remedies in the course of proceedings, fork-in-the-road clauses and

Author

James Crawford

Publisher

Cambridge University Press

Published

2013

Language

EN