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
Date Written: January 25, 2012
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
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