13 research outputs found

    The Declaratory Judgment - between Remedy and Procedural Technique

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    Remedies are as a rule governed by the lex causae, procedure by lex fori. In practice the question may present itself on whether a claimant in an international tort case can ask for a purely declaratory judgment - and defer a claim for damages to later proceedings. Should this question be treated as procedural or substantive? The outcome of this technical question can be highly relevant for access to justice
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