Patience and perseverance: time and compliance with inter-state judicial decisions

Book section : Chapter

Although the overall rate of compliance with Judgments of the International Court of Justice is high, a deeper analysis reveals the importance of time to the implementation of a decision. This chapter considers various factors that impact on the speed of compliance, including the engagement of domestic institutions, the clarity of the Court’s reasoning, the deferral of the compensation phase, the absence of a formal monitoring mechanism and the role of third parties. It draws on the jurisprudence of international human rights bodies to apply the concept of ‘undue delay’ to the practice of the Court. The chapter concludes with reflections on the value of taking time, which render a resolution more lasting and stable.

Authors: Webb, P

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Brill Academic Publishers
• Host title: Time and International Adjudication: The Temporal Factor in Proceedings before International Courts and Tribunals
• Pages: 509–531
• Chapter number: 26
• Publication date: 2024-12-09
• DOI: 10.1163/9789004716377_028
• EISBN: 9789004716377
• ISBN: 9789004716360
• Language: English
• Keywords: SBTMR
• Subtype: Chapter