We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
Published online by Cambridge University Press: 17 June 2021
Chapter 4 addresses the justifications for which specific performance is a remedy of international law before the Court. It focuses on the controversial issues regarding this remedy, which range from determining the power of the Court to order it, to analysing the effects of its relationship with other remedies, such as restitution in kind or declaratory judgments. The differences of opinion expressed by commentators regarding its availability before the International Court of Justice originate from a series of misunderstandings that gravitate around the effects of qualifying this remedy as a form of injunctive relief. A consequence of this conceptual confusion influences the relationship and interaction between specific performance, declaratory judgments, cessation and restitution in kind and the main features of this remedy. Further, the interpretation and application of specific performance is also influenced by differences in terminology between scholars and practitioners originating from different legal systems.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
