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2 results

Remedies before the International Court of Justice
  • A Systemic Analysis
  • Victor Stoica
  • Published online:
    17 June 2021
    Print publication:
    11 March 2021
  • Understanding exactly how the International Court of Justice applies the remedies of international law is vital in order to determine its prioritisation of remedies and its rationales for resolving inter-state disputes. This analysis also shows whether the framework of remedies of international law, designed by the International Law Commission through the Articles on Responsibility of States for Internationally Wrongful Acts, is strictly observed by the International Court of Justice. This is among the few systemic studies in the field of remedies, contrasting the theoretical controversies with a complete survey of the large set of requests that have been submitted before the ICJ. International lawyers, agents of states and diplomats will be able to identify the relevant case-law for each remedy in order to frame more effective requests to the Court. This study will also be of interest to researchers, practitioners, judges, policymakers, and graduate students.

  • 5 - Cessation, Assurances and Guarantees of Non-repetition

  • Victor Stoica
  • Book:
    Remedies before the International Court of Justice
    Published online:
    17 June 2021
    Print publication:
    11 March 2021, pp 61-80

  • Summary

    Chapter 5 addresses the manner in which the International Court of Justice interprets and applies cessation and assurances and guarantees of non-repetition as remedies of international law. These remedies are treated in a single chapter because they are, to a certain degree, complementary. The definition and function of these remedies and their interaction with each other, and with other remedies of international law, such as specific performance or satisfaction, are issues that clarify their meaning. The manner in which cessation interacts with specific performance, and the relevance of the principle of pacta sunt servanda, clarifies the manner in which this remedy is applied before the International Court of Justice. Further, the distinction between assurances and guarantees of non-repetition and their related formality, as provided by states through their pleadings before the Court and by the judicial body, through its judgments, contribute to the clarification of their substance.