The Consequences of Non-Compliance
(2,098 words)

paragraph 46 in volume 1, chapter 4, The Post-Adjudication Phase

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Non-compliance with the decision of the International Court by a State in a case to which it is a party entails consequences vis-à-vis the other litigating State. The non-compliance is an internationally wrongful act, a breach of various obligations arising ex contractu, and of a duty imposed by customary international law. The injured State has the same rights as it would have when faced with any other internationally wrongful act. In order to induce the recalcitr…

Cite this page
Malcolm N. Shaw, “The Consequences of Non-Compliance”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 February 2019 <>
First published online: 2017
First print edition: 20161001

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