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7 - Between Remedy Repetition and Remedy Escalation

Post-Judgment Procedures in International Law

from Part III - Remedies and Compliance in International Judicial Practice

Published online by Cambridge University Press:  18 December 2025

Geraldo Vidigal
Affiliation:
University of Amsterdam
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Summary

Abstract: This chapter examines post-judgment procedures in international law that aim at (or can be used for) compliance adjudication and the applicable remedies. Specific procedures for compliance adjudication exist in regional trade agreements as well as in some multilateral treaties establishing adjudication mechanisms. Additionally, ad hoc agreements to submit disputes to adjudication sometimes permit adjudication on implementation or compliance. States have occasionally resorted to these provisions. A few ICs, and in particular the Inter-American Court of Human Rights, have themselves established the permissibility of compliance adjudication. In a few cases, states have sought to employ requests for interpretation to obtain rulings on compliance. The chapter concludes by considering the permissible scope of review and the remedies applicable at the compliance stage, including the lawfulness of remedy repetition and remedy escalation.

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