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The Enforcement of EU Law and ValuesEnsuring Member States' Compliance$
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András Jakab and Dimitry Kochenov

Print publication date: 2017

Print ISBN-13: 9780198746560

Published to Oxford Scholarship Online: April 2017

DOI: 10.1093/acprof:oso/9780198746560.001.0001

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Enforcement of UN Security Council Resolutions and of ICJ Judgments

Enforcement of UN Security Council Resolutions and of ICJ Judgments

The Unreliability of Political Enforcement Mechanisms

Chapter:
(p.363) 21 Enforcement of UN Security Council Resolutions and of ICJ Judgments
Source:
The Enforcement of EU Law and Values
Author(s):

Irène Couzigou

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746560.003.0022

This chapter outlines the different enforcement mechanisms of Security Council resolutions as well as of ICJ judgments. Overall, enforcement can take two forms: direct enforcement, when the content of the decision not implemented by the addressee is implemented by another actor; or indirect enforcement, when coercive measures are taken against the non-complying actor in order to compel compliance. The chapter first outlines how binding Security Council measures are enforced, before analysing the enforcement of ICJ judgments. It then examines the enforcement of Security Council resolutions and of ICJ judgments, arguing that such enforcement is mostly political, influenced by State sensitivities and thus, unreliable. The chapter finally concludes with some proposed alternatives to improving the consistency of the enforcement of Security Council and ICJ measures.

Keywords:   ICJ, ICJ judgments, Security Council, Security Council resolutions, direct enforcement, indirect enforcement

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