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Judgment and compliance

In: Research Handbook on International Procedural Law

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  • Luis F. Viveros-Montoya

Abstract

Scholarship has largely overlooked the issue of when and to what extent may judgment compliance be a matter of international procedure. This chapter addresses that issue by exploring the procedural significance of ‘judgments’ from a compliance perspective and provides an analysis of the points of connection between the judicialization of international law and judgment compliance as a post-judgment procedural issue. The chapter also studies the possible legal basis of judgment compliance procedures and the limitations of identifying them as an inherent power of international courts, as well as the problems underlying the judicialization of judgment compliance in different contexts. The chapter concludes that there is a need to further identify the governing principles of post-judgment procedures in order to develop the law on judgment compliance as a matter of international procedure.

Suggested Citation

  • Luis F. Viveros-Montoya, 2024. "Judgment and compliance," Chapters, in: Joanna Gomula & Stephan Wittich & Markus Stemeseder (ed.), Research Handbook on International Procedural Law, chapter 26, pages 534-562, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:18416_26
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    File URL: https://www.elgaronline.com/doi/10.4337/9781788970792.00039
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    Law - Academic;

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