The essay studies the little explored subject of the domestic judicial compliance with decisions by international courts and tribunals, e.eg. the ICJ, the WTO, the European Court of Human Rights and the ICSID. The essay reaches the somehaow paradoxical conclusion that the international court which is less attentive to the compliance of its decisions, namely the ICJ, is that one which would have major powers in establishing a direct effect of its judgments.
Domestic Judicial Compliance with International Judicial Decisions: Some Paradoxes
GATTINI, ANDREA
2011
Abstract
The essay studies the little explored subject of the domestic judicial compliance with decisions by international courts and tribunals, e.eg. the ICJ, the WTO, the European Court of Human Rights and the ICSID. The essay reaches the somehaow paradoxical conclusion that the international court which is less attentive to the compliance of its decisions, namely the ICJ, is that one which would have major powers in establishing a direct effect of its judgments.
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