A Judicialised Order in the Anarchical Society
from Part III - Remedies and Compliance in International Judicial Practice
Published online by Cambridge University Press: aN Invalid Date NaN
Abstract: Drawing on the findings and examples from the various chapters, this conclusion argues that there is significant untapped potential for a greater role for international adjudication in the international society. In particular, developments in the law of state immunity may give rise to judicially legitimised seizing by states of assets of other states and even arrests of their state officials. In particular fields, legal mechanisms are being developed that mobilise the coercive apparatus of states to apply measures of constraint against other states, their assets, and their leaders. Though these mechanisms remain rare, they provide a glimpse into the possible operation of an international order characterised by judicially guided, coercively enforceable international law.
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