Rosenne's Law and Practice of the International Court: 1920-2015

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Compliance with Final Decisions
(2,697 words)

paragraph 44 in volume 1, chapter 4, The Post-Adjudication Phase

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Final decisions present a more complicated problem, and it is not possible to lay down general principles applicable to every judgment, except the negative principle that non-compliance with them does not normally enable the Court to impose any sanction vis-à-vis the recalcitrant State, either in that or in any other case.1 Much depends upon the manner in which the case is brought before the Court, as well as upon the formal submissions of each party. These may be of such a…

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Malcolm N. Shaw, “Compliance with Final Decisions”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 29 March 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0044>
First published online: 2017
First print edition: 20161001



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