Underlying Characteristics of the Problem
(1,374 words)

paragraph 41 in volume 1, chapter 4, The Post-Adjudication Phase

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It appears that fundamentally, the problem of ensuring compliance with the Court’s decisions is an aspect of the more general problem of ensuring compliance with the binding decisions of the competent organs of the international community, especially when involving an unwilling party. Failure to comply with what the Court has decided with binding force is as disturbing as failure to comply with the binding decision of any ot…

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Malcolm N. Shaw, “Underlying Characteristics of the Problem”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 22 January 2019 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0041>
First published online: 2017
First print edition: 20161001

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