International Courts versus Non-Compliance Mechanisms: Comparative Advantages in Strengthening Treaty Implementation

doi:10.1017/9781009373913

International Courts versus Non-Compliance Mechanisms

Comparative Advantages in Strengthening Treaty Implementation

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Brosseau, Jonathan 2025. <span>The World Bank’s Dispute Resolution Service: Procedural Reforms to Ensure Meaningful Access to Remedies for Project-Affected People</span><span></span>. SSRN Electronic Journal,

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Edited by Christina Voigt, Universitetet i Oslo, Caroline Foster, University of Auckland

Publisher:: Cambridge University Press
Online publication date:: February 2024
Print publication year:: 2024
Online ISBN:: 9781009373913
DOI:: https://doi.org/10.1017/9781009373913
Creative Commons:: This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/creativelicenses

Series:: Studies on International Courts and Tribunals
Subjects:: Public International Law, Law, Comparative Law, International Relations and International Organisations

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This book explores the best mechanisms for helping bring about compliance with international treaties. In recent years, many international treaties have included non-compliance mechanisms (NCMs) to facilitate implementation and promote parties' compliance with their obligations. These NCMs exist alongside the formal dispute resolution processes of international courts and tribunals. The authors bring together a wide legal and geographical spectrum of views from different parts of the world representing novel insights into NCMs' contribution to treaty implementation and compliance. The research has cast important light on how procedural innovations may help render NCMs more effective, as well as on the circumstances in which they may be needed, including particularly where nations share common interests, populations are interdependent, and implementation makes significant administrative, regulatory and political demands. This title is also available as Open Access on Cambridge Core.

‘The book … highlights the comparative advantages of NCM s over ICT s, particularly in terms of ensuring greater compliance by States with their treaty obligations. NCM s coexist and complement the role of ICT s. As masterfully demonstrated in the book, they contain an unexplored potential and could effectively activate and strengthen treaty regimes.’

Jingkun Liu Source: The Law & Practice of International Courts and Tribunals

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