9 - The Case Law of International Courts and Tribunals

Summary

Chapter 9 addresses the manner in which the case law of international courts and tribunals has influenced the interpretation and application of the remedies of international law before the International Court of Justice. Illustratively, using equity as a tool for awarding compensation for moral damages, the distinction between pecuniary and non-pecuniary satisfaction, are issues that have been dealt with by courts and tribunals such as the International Court of Human Rights or arbitral tribunals that resolved interstate disputes. The Diallo Case confirms that the Court observes the case-law of other bodies that resolve international disputes and this approach is justified, especially because contemporary international law is undergoing a process of fragmentation while the dispute resolution institutions are in a process of proliferation.