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Midlands State University: Faculty of Law

The document discusses enforcement mechanisms for decisions of international courts and tribunals. It defines key terms such as enforcement mechanisms, decisions or judgments, and international courts or tribunals. Enforcement mechanisms refer to methods used to encourage compliance with decisions. The question asks about how decisions of international courts are enforced. The document provides context to interpret the question and understand what types of compliance methods it refers to.

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Colias Dube
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169 views2 pages

Midlands State University: Faculty of Law

The document discusses enforcement mechanisms for decisions of international courts and tribunals. It defines key terms such as enforcement mechanisms, decisions or judgments, and international courts or tribunals. Enforcement mechanisms refer to methods used to encourage compliance with decisions. The question asks about how decisions of international courts are enforced. The document provides context to interpret the question and understand what types of compliance methods it refers to.

Uploaded by

Colias Dube
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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MIDLANDS STATE UNIVERSITY

FACULTY OF LAW
NAME MEMORY NJOWE

REG NUMBER R1914751Z

MODE OF ENTRY CONVENTIONAL

LEVEL 3.1

MODULE HUMAN RIGHTS LAW

MODULE CODE LB306

LECTURER MR V MUTATU

Assignment Question
Discuss enforcement mechanisms in respect of decisions or judgments of International
Courts or Tribunals
Due 14 March 2022
Definition of key terms and question interpretation
The key terms to the question are enforcement mechanisms, decision or judgments, international
court or tribunal. Enforcement mechanisms are defined as methods by which negotiators can
encourage compliance1. A judicial decision literally means the conclusion upon which an
international tribunal or domestic body reaches regarding a question with international
implications2. International tribunals are temporary or permanent courts convened for the
purpose of deciding cases arising under international law for instance the Nuremberg Military
Tribunals. Lastly, an international court is an international organization or a body of an
international organization that hears cases in which one party may be a state or international
organization and which is composed of independent judges who follow predetermined rules of
procedure to issue binding decisions on the basis of international law3. Examples of international
courts are the International Court of Justice, the Permanent Court of Justice. Now that there key
terms of the questions are defined, it has become clear that the question is demanding methods
that are put into effect to ensure that judgments or decisions of the international courts are being
complied to.

1
Chayes & Chayes: compliance without Enforcement
2
Gehard Von Glahn & James Taulbee: Law Among Nations , An Introduction to Public International Law ( Longman
9th Ed ,2010)
3
Roman, Cesare P.R,Altewr Karen J, Shany Yuval (2013) , the Oxford university press p 44-49

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