Adjudicating, Declaring Breaches, Establishing Consequences
from Part II - A Typology of Judicial Remedies
Published online by Cambridge University Press: 18 December 2025
Abstract: This chapter considers three key types of international judicial remedies, exploring their content, availability, and behavioural influence. Through Mere Adjudication, an adjudicator establishes the existence, applicability, and content of legal rules. Through a Declaration of Breach, a court declares that a party’s conduct violates legal obligations. Where a violation is found, international courts often establish Consequential Duties, determining how a wrongdoer must act to bring an end to its violation and provide reparation for injury. Overall, international judicial remedies seek to prevent states’ adoption of unilateral remedies, grounded on their own understanding of the law and facts. International courts are unable to determine the application of coercive measures against states. Thus, every remedy is a communication regarding either the interpretation of the law or the application of this law to conduct. Judicial pronouncements have remedial value if they are able to mobilise pro-compliance forces, internal and external to states, by which the international normative framework guides state conduct.
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