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13 - General features of remedial outcome

Published online by Cambridge University Press:  13 July 2009

Karel Wellens
Affiliation:
Katholieke Universiteit Nijmegen, The Netherlands
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Summary

The general features of remedies against international organisations have been described in Part I of this study. Once claimants are considering taking remedial action against an international organisation their different status vis-à-vis the organisation will have important consequences on the procedural level; that was the focus of Part II. Part III is devoted to a general picture of the substantive outcome of remedial action undertaken by non-state claimants.

The relationship between the specific features of member states and the various levels of accountability has been analysed in the first two sections of chapter 3 in Part I. There is no reason to believe that there are additional, membership-linked features of remedial outcome other than the ones described in this current chapter. As to representational non-governmental organisations, there is no remedial outcome as remedial mechanisms are not open to them. Accordingly, neither category of claimants is included here.

The substantive outcome portrayed in Part III is not specific to remedial action against international organisations, as demonstrated by claims against states under secondary rules of liability/responsibility. That the range of available remedial outcomes is almost identical is not surprising because the situations giving rise to organisational liability/responsibility do not substantially differ merely because of the identity of the actors involved. The surrounding circumstances and the modalities of the alleged harm/violation may vary, but that will not necessarily limit the availability or selection of the remedial outcome.

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Publisher: Cambridge University Press
Print publication year: 2002

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  • General features of remedial outcome
  • Karel Wellens, Katholieke Universiteit Nijmegen, The Netherlands
  • Book: Remedies against International Organisations
  • Online publication: 13 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494451.014
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  • General features of remedial outcome
  • Karel Wellens, Katholieke Universiteit Nijmegen, The Netherlands
  • Book: Remedies against International Organisations
  • Online publication: 13 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494451.014
Available formats
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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.

  • General features of remedial outcome
  • Karel Wellens, Katholieke Universiteit Nijmegen, The Netherlands
  • Book: Remedies against International Organisations
  • Online publication: 13 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494451.014
Available formats
×