Procedure and Remedies
from Part III - Remedies and Compliance in International Judicial Practice
Published online by Cambridge University Press: 18 December 2025
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.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.