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Abstract: This chapter considers how partial adjudication may convert regular judicial remedies into remedies for non-compliance. This can occur when an adjudicator, in a partial, preliminary or provisional ruling, anticipates its views on the merits, either expressly or implicitly, while deferring the issuing of remedies to subsequent stages of adjudication. By withholding remedies, the adjudicator permits compliance to be addressed during the subsequent stages of adjudication. International courts (ICs) may defer rulings on responsibility for injury, on the quantification of compensation, or on the merits of the dispute, while foreshadowing remedies likely to be issued in subsequent rulings. A survey of the jurisprudence shows that ICs have employed these techniques, providing parties with meaningful findings and deferring rulings to subsequent stages, while enjoining parties to settle the dispute based on these findings. More rarely, ICs issue partial or preliminary rulings with the express objective of permitting a remedies-avoiding change in conduct.

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9 - Partial Adjudication and Remedy Foreshadowing

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9 - Partial Adjudication and Remedy Foreshadowing

Summary