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8 - Compliance Disputes before International Courts

Procedure and Remedies

from Part III - Remedies and Compliance in International Judicial Practice

Published online by Cambridge University Press:  18 December 2025

Geraldo Vidigal
Affiliation:
University of Amsterdam
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Summary

Abstract: This chapter explores the procedural and substantive dimensions of compliance disputes before international courts (ICs), focusing on jurisdiction, admissibility, and available remedies. It considers consent to adjudication at the compliance stage and examines the legal bases for ICs to address claims of non-compliance with previous judgments. The chapter analyses objections to admissibility, including challenges based on res judicata, the absence of a meaningful dispute, and the lack of concrete legal effects, then discusses how ICs navigate these objections, employing procedural techniques and remedy escalation to address persistent non-compliance. This inquiry demonstrates the dual role of compliance adjudication: deterring breaches through authoritative declarations and enabling new remedies where prior rulings fail to lead to compliance. These mechanisms underscore the potential of compliance adjudication to enhance the enforceability of international obligations despite ICs’ inability to order the deployment of coercion against recalcitrant states.

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