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

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

Name: International Courts versus Non-Compliance Mechanisms: Comparative Advantages in Strengthening Treaty Implementation
Brand: Cambridge University Press
SKU: 9781009373906
Price: 1513.20 HKD
Availability: InStock
Author: Christina Voigt; Caroline Foster
ISBN: 9781009373906

Edited by Christina Voigt · Caroline Foster

Cambridge University Press February 2024

Specifications

ISBN-13: 9781009373906
Publisher: Cambridge University Press
Publication: February 2024
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

Introduction

1. Non-compliance mechanisms or international courts: how to increase treaty compliance?

Foster Caroline and Voigt Christina

Part I. General and Conceptual Issues:

2. Lessons from the Paris agreement for international pandemic law and beyond

Foster Caroline

3. The new generation of environmental non-compliance procedures and the question of legitimacy Fitzmaurice Malgosia

4. International courts v. compliance mechanisms through the lens of Gabcikovo-Nagymaros and Bystroe canal cases

Pineschi Laura

Part II. Specific Procedures:

5. The advisory procedure in non-compliance procedures: lessons from the UNECE water convention

Cruz Carrillo Carlos

6. State-to-state procedures before compliance committees: still alive?

Bendel Justine and Suedi Yusra

7. Compliance with science-based treaties

Das Rukmini

Part III. Trade, Finance and Investment:

8. Trade's enforcement conundrum

Claussen Kathleen

9. How should the world bank's dispute resolution services benefit affected persons and borrower states?

Brosseau Jonathan

10. IMF surveillance as a non-compliance mechanism

Fahrner Ambroise

Part IV. Environment:

11. Legal mobilisation for biodiversity protection: assessing the complementary potential of the Bern's case file system and the European commission's infringement procedure

Evangelidis Elena

12. The right to a healthy environment in Latin America and the Caribbean: compliance through the Inter-American system and the Escazú agreement

Tigre Maria Antonia

Part V. Human Rights:

13. Institutional overlap and comparative effectiveness: compliance with torture-related decisions of the European court of human rights, the human rights committee and the committee against torture in Europe

von Staden Andreas

14. The UK's compliance with the ICCPR and ECHR: a tale of two treaties

White Samuel

15. Exploring the role of decisions by judicial, quasi-judicial and specialised non-judicial bodies in advancing anti-trafficking efforts

Magugliani Noemi and Gauci Jean-Pierre

16. UN human rights treaty bodies' contribution to compliance with international environmental law: the growing importance of human rights treaty bodies in environmental dispute resolution

Solntsev Alexander

Part VI. Criminal Law and Law of Disarmament:

17. Monitoring compliance in international criminal law

Borlini Leonardo

18. Non-compliance and nuclear disarmament – the Iran nuclear deal

Sun Jin

Part VII. Cultural Heritage Law and Law of the Sea:

19. Protecting cultural heritage during military action: enforcing compliance with the 1954 Hague Convention in the case of the temple

Preah Vihear Fabris Alice

20. The South China sea arbitration – navigating compliance strategies through the lens of Raya and the last Dragon

Cantorias-Marvel, Marie Jude

Index