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Awarding Damages or Demanding Performance? A Performance-Oriented Approach for International Investment Law
2014
Social Science Research Network
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
doi:10.2139/ssrn.2514538
fatcat:puv7yoohkvf75c5nl4k6znkafu