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Realizing UtopiaThe Future of International Law$
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The Late Antonio Cassese

Print publication date: 2012

Print ISBN-13: 9780199691661

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199691661.001.0001

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Fostering Increased Conformity with International Standards: Monitoring and Institutional Fact-Finding

Fostering Increased Conformity with International Standards: Monitoring and Institutional Fact-Finding

Chapter:
(p.295) 24 Fostering Increased Conformity with International Standards: Monitoring and Institutional Fact-Finding
Source:
Realizing Utopia
Author(s):

Antonio Cassese

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199691661.003.0024

Given that international adjudication is unable to ensure compliance by states with international rules, two existing methods are proposed, which seem indicative of the new international society and more attuned to its needs: monitoring (a modern process of verifying compliance with and inducing respect for international legal standards); and institutional fact-finding (a method of establishing facts resort to which is not contingent on the will of the states concerned). Monitoring should be expanded to all multilateral treaties, by establishing within the UN a Committee of experts entrusted with overseeing the implementation of multilateral treaties to be made in future. Monitoring should be strengthened in at least four areas: armed conflicts, use of nuclear energy, human rights, and environment. As for fact-finding, the relevant bodies should not be established by states, but by international organizations, and not necessarily with the consent of the state or states concerned.

Keywords:   international adjudication, monitoring, institutional fact-finding

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