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

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Compliance with Incidental and Interlocutory Decisions
(740 words)

paragraph 43 in volume 1, chapter 4, The Post-Adjudication Phase

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There is a fundamental difference between compliance with incidental and interlocutory decisions and compliance with final decisions. With one exception, the failure of a State to comply with an incidental or interlocutory decision can lead to the automatic imposition by the Court of a sanction against that State, and will only bring it disadvantage. Ostensibly the character of the disadvantages will be procedural, since the…

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Malcolm N. Shaw, “Compliance with Incidental and Interlocutory Decisions”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 22 March 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0043>
First published online: 2017
First print edition: 20161001



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