The Paradox of International Adjudication
Published online by Cambridge University Press: aN Invalid Date NaN
Abstract: This chapter introduces the theme of international adjudication and considers the ability of international courts (ICs) to influence state behaviour through judicial remedies. ICs hold delegated authority to interpret and apply elements of the normative framework that structures inter-state relations and establishes permissible and prohibited conduct, but are unable to determine the deployment of political and economic resources to coerce recalcitrant states. Their influence over state behaviour thus depends on ICs’ ability to mobilise, through mere authoritative communications, the forces that lead international law to influence state conduct in the first place. For this, ICs have at their disposal a variety of communicative instruments: their judicial remedies. The chapter presents a fourfold typology of judicial remedies – Mere Adjudication, Declaration of Breach, Consequential Duties, and Permissible Responses – that ICs use to calibrate the exercise of their adjudicative authority. Though all judicial remedies concern the interpretation and application of norms, their varied focuses allow ICs to selectively mobilise the different internal and external forces that shape state behaviour.
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