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4 The Post­Adjudication Phase

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Chapter Summary

Once the Court's final decision is made, the parties are faced with the problem of its implementation, which alone brings the dispute to its end. If the final decision requires action from either of the parties, usually some negotiation will be needed to regulate that action. The process of compliance with the decision of the Court consists in the main of a succession of political decisions. In general, a striking feature of the literature dealing with the judicial settlement of international disputes is its comparative disinterest in the post-adjudication phase. There is a fundamental difference between compliance with incidental and interlocutory decisions and compliance with final decisions. This chapter examines the general aspect of the problem which has attracted some attention since the establishment of the League of Nations.

Keywords: International Court; League of Nations; non-compliance; post-adjudication phase; Security Council



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