By Octavian Ichim
How potent is the eu court docket of Human Rights in shelling out justice? With over 17,000 judgments passed down, it truly is absolutely the main prolific overseas court docket yet is it the most productive while compensating the sufferers of a contravention? this significant yet usually neglected query is the focal point of this crucial new monograph which provides a transparent, accomplished and convincing demonstration of the detrimental effect, when it comes to unpredictability and criminal uncertainty, of the discretion utilized by the courtroom in terms of the regime of reparation. It finds the antagonistic impact of any such excessive discretion at the caliber of its rulings - finally at the coherence of the approach and at the Court's authority, and makes feedback for development.
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Additional info for Just Satisfaction under the European Convention on Human Rights
Example text
Islamic Republic of Iran, 10 April 1986, 10 Iran–US CTR 228 108 INA Corporation v. Iran, 12 August 1985, 8 Iran–US CTR 373 23 International Tribunal for the Law of the Sea M/V ‘Saiga’ (No. 2) (Saint Vincent and the Grenadines v. Guinea), Judgment, ITLOS Reports 1999, p. 65 108, 127 Arbitration tribunals I’m Alone (Canada v. United States) (1935), 3 RIAA 1609 142 Lusitania (United States v. Germany) (1923), 7 RIAA 32 110, 113, 117, 159 Texaco Overseas Petroleum Company and California Asiatic Oil Company v.
There are quite a few inter-state cases, even if the conditions of admissibility for the member parties are less strict than for individuals. In the end, however, it is the Court that decides on the necessity to afford redress if a violation is found. , pecuniary and non-pecuniary, as well as reimbursement of costs and expenses. 23, Doc. 21, rev. 6 (1979), OASTS No. 36. methodology 5 prejudice, where the Court’s discretion is the greatest. The aim is to decipher the underlying logic used by the judges when they decide on the necessity to make reparation, when they choose the appropriate form of redress and when they establish the amount of compensation.
Evolution of the system of compensation 15 member states, rather than the effective application of the treaty. It took almost forty years for the system to realize and finally redress such denials of justice. Governments were generally very receptive to signs from Strasbourg as to the consequences of a violation. 38 In those cases, the Committee was simply taking note of internal measures or payments, in the context of the reparation due for a violation,39 without assessing the compatibility with the Convention of any legislative modifications.
