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4 - Specific Performance

Published online by Cambridge University Press:  17 June 2021

Victor Stoica
Affiliation:
University of Bucharest
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Summary

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.

Type
Chapter
Information
Remedies before the International Court of Justice
A Systemic Analysis
, pp. 46 - 60
Publisher: Cambridge University Press
Print publication year: 2021

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  • Specific Performance
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.007
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  • Specific Performance
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.007
Available formats
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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.

  • Specific Performance
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.007
Available formats
×