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Observations by Members of the Tribunal

Published online by Cambridge University Press:  28 March 2018

Ina Popova
Ina Popova*
Affiliation:
Debevoise & Plimpton LLP.
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Extract

The first relates to the distinction between enforceability, strictly speaking, and compliance. On a formal level, a questionable decision on jurisdiction is not any less enforceable than a questionable decision on the merits. Accordingly, should we not be looking at the record of voluntary compliance by states with decisions they find questionable, and the reasons for that?

Type
Debate: Compulsory Jurisdiction in International Dispute Settlement: Beyond David Versus Goliath?
Information
Proceedings of the ASIL Annual Meeting , Volume 111 , 2017 , pp. 138 - 139
Copyright
Copyright © by The American Society of International Law 2018 

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