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International courts versus non-compliance mechanisms : comparative advantages in strengthening treaty implementation / edited by Christina Voigt, Caroline Foster.

Contributor(s): Material type: TextTextSeries: Studies on international courts and tribunalsPublisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2024Description: 1 online resource (xx, 507 pages) : digital, PDF file(s)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781009373913 (ebook)
Subject(s): Additional physical formats: Print version: : No titleDDC classification:
  • 341.5/5 23/eng/20230929
LOC classification:
  • KZ6250 .I579 2024
Online resources:
Contents:
Foster, Caroline and Voigt, Christina / Non-compliance mechanisms, or, compliance mechanisms, or, International Courts : how to increase treaty compliance? -- Foster, Caroline / Lessons from the Paris Agreement for lessons for international pandemic law and beyond -- Fitzmaurice, Malgosia / The new generation of environmental non compliance procedures and the question of legitimacy -- Pineschi, Laura / International courts v. compliance mechanisms through the lens of Gabcikovo- Nagymaros and Bystroe canal cases -- Cruz Carrillo, Carlos / The advisory procedure in non-compliance procedures : lessons from the UNECE Water Convention -- Bendel, Justine and Suedi, Yusra / State-to-state procedures before compliance committees : still alive? -- Das, Rukmini / Compliance with science-based treaties -- Claussen, Kathleen / Trade's enforcement conundrum -- Brosseau, Jonathan / How should the World Bank's dispute resolution services affected persons and borrower states? -- Fahrner, Ambroise / IMF surveillance as a non IMFsurveillance as a non-compliance mechanism -- Evangelidis, Elena / Legal mobilisation for biodiversity protection : assessing the complementary potential of Bern's case file system and the European Commission's infringement procedure -- Tigre, Maria Antonia / The right to a healthy environment in Latin America and the Caribbean : compliance through the Inter--American system and the Escazú Agreement -- Von Staden, Andreas / Institutional overlap and comparative effectivenes : compliance with torture-related decisions of the European Court of Human Rights, the Human Rights Committee, and the Committee against torture in Europe -- White, Samuel / The UK's compliance with the ICCPR and ECHR : a tale of two treaties -- Magugliani, Noemi, and Gauci, Jean-Pierre / Exploring the role of decisions by judicial, quasi-judicial, and specialised non judicial bodies in advancing anti-trafficking efforts -- Solntsev, Alexander / UN human rights treaty Bodies' contribution to compliance with international environmental law : the growing importance of Human Rights Treaty Bodies in environmental dispute resolution -- Borlini, Leonardo / Monitoring compliance in international criminal law -- Sun, Jin / Non-compliance and nuclear disarmament --the Iran nuclear deal -- Fabris, Alice / Protecting cultural heritage during military action : enforcing compliance with the 1954 Hague Convention in the case of the Temple Preah Vihear -- Cantorias-Marvel, Marie Jude Marvel, Marie Jude / The South China Sea Arbitration -navigating compliance strategies through the Lens of Raya and the Last Dragon.
Summary: 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.
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Foster, Caroline and Voigt, Christina / Non-compliance mechanisms, or, compliance mechanisms, or, International Courts : how to increase treaty compliance? -- Foster, Caroline / Lessons from the Paris Agreement for lessons for international pandemic law and beyond -- Fitzmaurice, Malgosia / The new generation of environmental non compliance procedures and the question of legitimacy -- Pineschi, Laura / International courts v. compliance mechanisms through the lens of Gabcikovo- Nagymaros and Bystroe canal cases -- Cruz Carrillo, Carlos / The advisory procedure in non-compliance procedures : lessons from the UNECE Water Convention -- Bendel, Justine and Suedi, Yusra / State-to-state procedures before compliance committees : still alive? -- Das, Rukmini / Compliance with science-based treaties -- Claussen, Kathleen / Trade's enforcement conundrum -- Brosseau, Jonathan / How should the World Bank's dispute resolution services affected persons and borrower states? -- Fahrner, Ambroise / IMF surveillance as a non IMFsurveillance as a non-compliance mechanism -- Evangelidis, Elena / Legal mobilisation for biodiversity protection : assessing the complementary potential of Bern's case file system and the European Commission's infringement procedure -- Tigre, Maria Antonia / The right to a healthy environment in Latin America and the Caribbean : compliance through the Inter--American system and the Escazú Agreement -- Von Staden, Andreas / Institutional overlap and comparative effectivenes : compliance with torture-related decisions of the European Court of Human Rights, the Human Rights Committee, and the Committee against torture in Europe -- White, Samuel / The UK's compliance with the ICCPR and ECHR : a tale of two treaties -- Magugliani, Noemi, and Gauci, Jean-Pierre / Exploring the role of decisions by judicial, quasi-judicial, and specialised non judicial bodies in advancing anti-trafficking efforts -- Solntsev, Alexander / UN human rights treaty Bodies' contribution to compliance with international environmental law : the growing importance of Human Rights Treaty Bodies in environmental dispute resolution -- Borlini, Leonardo / Monitoring compliance in international criminal law -- Sun, Jin / Non-compliance and nuclear disarmament --the Iran nuclear deal -- Fabris, Alice / Protecting cultural heritage during military action : enforcing compliance with the 1954 Hague Convention in the case of the Temple Preah Vihear -- Cantorias-Marvel, Marie Jude Marvel, Marie Jude / The South China Sea Arbitration -navigating compliance strategies through the Lens of Raya and the Last Dragon.

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.

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