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3 - Declaratory Judgments

Published online by Cambridge University Press:  17 June 2021

Victor Stoica
Affiliation:
University of Bucharest
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Summary

Chapter 3 addresses the main controversies related to the interpretation and application of declaratory judgments as a remedy of international law before the International Court of Justice. The definition of the declaratory judgment and its availability, as a veritable remedy of international law, are preliminary issues clarified through this chapter. The categorisation of this remedy into declarations of rights, declarations of applicable law and declarations of responsibility and the effects of its interaction with other remedies of international law, such as satisfaction or specific performance, are relevant for addressing its application. The subject matters of disputes influence the reasons for which states request, and the Court grants, declaratory judgments. As such, certain arguments exist for the disputes regarding sovereignty rights or territorial delimitation, and different arguments exist for other disputes. Further, the manner in which states seize the International Court of Justice is also relevant for determining the applicability of declaratory judgments before the judicial body.

Type
Chapter
Information
Remedies before the International Court of Justice
A Systemic Analysis
, pp. 21 - 45
Publisher: Cambridge University Press
Print publication year: 2021

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  • Declaratory Judgments
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.006
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  • Declaratory Judgments
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.006
Available formats
×

Save book to Google Drive

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.

  • Declaratory Judgments
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.006
Available formats
×