After 'The Court Rose': The Rise of Diplomatic Means to Implement the Pronouncements of the International Court of Justice

The Law and Practice of International Courts and Tribunals, Volume 11, Number 1, 2012 , pp. 1-46(46)

46 Pages Posted: 25 Jun 2012

See all articles by Laurence Boisson de Chazournes

Laurence Boisson de Chazournes

University of Geneva - Faculty of Law - Department of Public International Law

Antonella Angelini

affiliation not provided to SSRN

Date Written: January 25, 2012

Abstract

What happens after the International Court of Justice releases a pronouncement? This article attempts to answer this question by reviewing the diplomatic initiatives taken by States as well as by other members of the Court's 'audience', such as international organizations. Both judgments and advisory opinions are covered. This allows comparing the relational dynamics afferent to each type of the Court's jurisdiction. Endorsing a broad definition of 'follow-up', the analysis aims at enhancing awareness as to the panoply of diplomatic initiatives that can be taken following a pronouncement of the Court as well as to the complexity of the implementation process at large.

Keywords: implementation, compliance, dispute resolution, diplomatic means, International Court of Justice (ICJ), judgments, advisory opinions, pre-adjudicative phase, negotiations, implementation clauses and agreements, mixed commissions, Trust Fund to assist States in the settlement of disputes through ICJ

Suggested Citation

Boisson de Chazournes, Laurence and Angelini, Antonella, After 'The Court Rose': The Rise of Diplomatic Means to Implement the Pronouncements of the International Court of Justice (January 25, 2012). The Law and Practice of International Courts and Tribunals, Volume 11, Number 1, 2012 , pp. 1-46(46). Available at SSRN: https://ssrn.com/abstract=2091042

Laurence Boisson de Chazournes (Contact Author)

University of Geneva - Faculty of Law - Department of Public International Law ( email )

Geneva
Switzerland

Antonella Angelini

affiliation not provided to SSRN

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