Published online by Cambridge University Press: 17 June 2021
Chapter 1 addresses the jurisdiction of the Court to grant remedies in situations in which states did not provide an instrument that would confer such powers to it. The competence of the Court to grant remedies, when agreements of states exist in this sense, is established and without controversy, especially because the principle of consent is applicable in these situations. However, the nature of its power to give judgment on the remedies of international law in cases in which its jurisdiction is derived from an agreement that does not include any provision in this respect merits a brief assessment, as without such competence the Court might not have the power to resolve the dispute in a final manner. This chapter analyses the case-law of the Permanent Court of International Justice and of the International Court of Justice in order to determine whether the Court has addressed this issue and the justifications for which it has concluded that it has such competence.