dc.contributor.author | VIDIGAL, Geraldo | |
dc.date.accessioned | 2015-03-11T14:06:22Z | |
dc.date.available | 2015-03-11T14:06:22Z | |
dc.date.issued | 2014 | |
dc.identifier.uri | https://hdl.handle.net/1814/35020 | |
dc.description.abstract | This paper examines two different approaches to judicial protection of entitlements in international economic law. One of them, ‘performance-oriented’, is applied by WTO adjudicators. Performance-oriented remedies focus on inducing wrongdoers to resume compliance with the underlying substantive rules. The other, ‘reparation-oriented’, is applied overwhelmingly in international investment law. Reparation-oriented remedies aim at offsetting the injury caused to private parties by the wrongful conduct. This paper discusses the utility of performance-oriented remedies within WTO law, and assesses the possibilities for otherwise reparation-oriented investment tribunals to have recourse to these remedies. It examines a number of decisions that, it is argued, favor performance over pecuniary compensation. From the viewpoint of the state found in breach, compensation then appears as a threatened sanction for non-compliance with the performance obligations determined. | en |
dc.relation.ispartofseries | São Paulo Law School of Fundação Getulio Vargas, Direito SP Research Paper Series | en |
dc.relation.ispartofseries | 2014/109 | en |
dc.relation.uri | http://hdl.handle.net/10438/12607 | en |
dc.rights | info:eu-repo/semantics/openAccess | en |
dc.title | Awarding damages or demanding performance? : a performance-oriented approach for international investment law | en |
dc.type | Working Paper | en |