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COMPLIANCE WITH DECISIONS OF THE INTERNATIONAL COURT OF JUSTICE

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https://doi.org/10.1093/acprof:oso/9780199276721.001.0001
Online ISBN:
9780191707667
Print ISBN:
9780199276721
Publisher:
Oxford University Press
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COMPLIANCE WITH DECISIONS OF THE INTERNATIONAL COURT OF JUSTICE

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Constanze Schulte
Constanze Schulte

Attorney-at-Law (admitted in Munich), with Lovells, Madrid
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Published online:
1 January 2010
Published in print:
18 November 2004
https://doi.org/10.1093/acprof:oso/9780199276721.001.0001
Online ISBN:
9780191707667
Print ISBN:
9780199276721
Publisher:
Oxford University Press
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CITE

Schulte, Constanze, Compliance with Decisions of the International Court of
Justice, THE INTERNATIONAL COURTS & TRIBUNALS SERIES (Oxford, 2004; online edn,
Oxford Academic, 1 Jan. 2010),
https://doi.org/10.1093/acprof:oso/9780199276721.001.0001, accessed 4 Jan. 2025.
Select Format Select format .ris (Mendeley, Papers, Zotero) .enw (EndNote)
.bibtex (BibTex) .txt (Medlars, RefWorks) Download citation
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ABSTRACT

This book examines the compliance record of state parties to proceedings before
the International Court of Justice (ICJ), the principal judicial body of the
United Nations. It undertakes a comprehensive analysis of the follow-up of the
ICJ's judgments and interim measures from the Court's creation in 1945 until the
present day. ICJ judgments and provisional measures from the Corfu Channel case
in the late 1940s to the Arrest Warrant Case decided in 2002 are examined, with
particular focus on state practice. After explaining the legal basis for the
obligation of compliance and the enforcement of ICJ decisions, the book analyses
all decisions that gave rise to an obligation of compliance. The analysis is
contextual, taking into account the history of the dispute, the underlying
political interests, the parties' attitudes towards involvement of the ICJ, and
the substance of the applicable law. This analysis reveals that the compliance
record for judgments is generally satisfactory, whereas that for provisional
measures is at first sight rather poor. Yet the record for provisional measures
must be understood in a more nuanced light. In several cases, the applicant
gained at least a certain benefit from the decision even though it was not (or
was not fully) implemented. The book examines the reasons for the difference in
the track records of judgments and provisional measures and explores mechanisms
that could be conducive to enhanced compliance.

Keywords: ICJ, United Nations, Corfu Channel case, Arrest Warrant Case,
judgments, provisional measures
Subject
Public International Law International Courts and Tribunals
Collection: Oxford Scholarship Online

Contents


 * FRONT MATTER
   
   * Copyright PageGet access
   * DedicationGet access
   * General Editors’ PrefaceGet access
   * PrefaceGet access
   * Table of CasesGet access
   * AbbreviationsGet access
 * IntroductionGet access
   View chapter
 * Expand 1 1 MethodologyGet access
   View chapter
 * Expand 2 2 The Legal FrameworkGet access
   View chapter
 * Expand 3 3 The ICJ Practice AnalyzedGet access
   View chapter
 * Expand 4 4 Lessons to be Learned from the PracticeGet access
   View chapter
 * Concluding RemarksGet access
   View chapter
 * Zusammenfassung (German Summary)Get access
   View chapter


 * END MATTER
   
   * BibliographyGet access
   * IndexGet access




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Recommended
 * Preface
   Constanze Schulte, Oxford Academic Books, 2004
 * Introduction
   Oxford Academic Books, 2004
 * Compliance with Judgments and Decisions
   Alexandra Huneeus, Oxford Academic Books, 2013

 * International action required
   Michael R Millar, The BMJ, 2010
 * US court rules on confidentiality
   British Medical Journal Publishing Group, The BMJ, 1996
 * Judicial investigation of complaints.
   M Ryan, The BMJ, 1983

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