4 research outputs found

    Victims and Promise of Remedies: International Law Fairytale Gone Bad

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    The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate both objective and false dilemmas which national courts face when implementing the law of remedies for victims of international law violations

    The Effect of International Court of Justice Decisions on Municipal Courts in the United States: Breard v. Greene

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    The relationship between international and municipal law is complex and continually developing. One way to analyze this issue is to observe the interaction between domestic courts and the International Court of Justice. These two types of courts may entertain identical claims. This article analyzes whether there is any correlation between the two types of courts, and the character of this correlation if there is one. Through an examination of Breard v. Greene, this article will examine the attitudes of United States courts toward the enforceability and the legally binding character of International Court of Justice decisions. This article will also discuss the hierarchy between the judicial decisions and the questionable power of municipal courts to examine the validity and substance of international decisions

    Use, misuse and abuse of human rights rhetoric: the case of Serbia

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