Adjudicating over anarchy : judicial remedies, compliance, and enforcement in international law / Geraldo Vidigal, University of Amsterdam.
2026
KZ6115 .V53 2025 (Mapit)
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Author
Title
Adjudicating over anarchy : judicial remedies, compliance, and enforcement in international law / Geraldo Vidigal, University of Amsterdam.
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2026.
Copyright
©2026
Description
xviii, 610 pages ; 24 cm.
Series
Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 195.
Formatted Contents Note
Introduction: The Paradox of International Adjudication
Part I: A theory of international adjudication. Law without Hierarchy : Sanctions, Shared Understandings, and Compliance in Horizontal Legal Orders
Courts Without Power : Judicial Authority in International Law
Part II: A typology of judicial remedies. Judicial Remedies in International Law : Adjudicating, Declaring Breaches, Establishing Consequences
Authorising Sanctions : Permissible Responses as a Judicial Remedy
Part III: Remedies and compliance in international judicial practice. From Mere Adjudication to Permissible Responses : The WTO System of Remedy Repetition and Remedy Escalation
Between Remedy Repetition and Remedy Escalation : Post Judgment Procedures in International Law
Compliance Disputes before International Courts : Procedure and Remedies
Partial Adjudication and Remedy Foreshadowing : Final Rulings as Remedies for Non-Compliance
Conclusion: A Judicialised Order in the Anarchical Society.
Part I: A theory of international adjudication. Law without Hierarchy : Sanctions, Shared Understandings, and Compliance in Horizontal Legal Orders
Courts Without Power : Judicial Authority in International Law
Part II: A typology of judicial remedies. Judicial Remedies in International Law : Adjudicating, Declaring Breaches, Establishing Consequences
Authorising Sanctions : Permissible Responses as a Judicial Remedy
Part III: Remedies and compliance in international judicial practice. From Mere Adjudication to Permissible Responses : The WTO System of Remedy Repetition and Remedy Escalation
Between Remedy Repetition and Remedy Escalation : Post Judgment Procedures in International Law
Compliance Disputes before International Courts : Procedure and Remedies
Partial Adjudication and Remedy Foreshadowing : Final Rulings as Remedies for Non-Compliance
Conclusion: A Judicialised Order in the Anarchical Society.
Summary
"Geraldo Vidigal thoroughly examines the judicial powers of international courts and tribunals and how these powers are used in practice. Without access to state-backed enforcement measures, international adjudicators must rely on their authority to influence real-world outcomes. The book reviews, and offers a comprehensive theory for, the various social mechanisms that explain why and how international judicial pronouncements affect the behaviour of states, influencing the views of individuals within states as well as changing states' mutual expectations of cooperative and sanction-worthy behaviour. The book considers how judicial remedies can induce compliance by targeting specific areas of disagreement, interpreting obligations, declaring violations, and establishing how wrongdoer states must offset unlawful injury. An often untapped type of remedy relies on the ability of courts to determine permissible responses to breach: what measures other actors may take to respond to violations, compelling wrongdoers to comply with their obligations and provide redress for injury."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 532-596) and index.
Available in Other Form
Online version: Vidigal, Geraldo. Adjudicating over anarchy. Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2026
Call Number
KZ6115 .V53 2025
Language
English
ISBN
9781107160255 (hardback)
1107160251 (hardback)
9781316613337 (paperback)
131661333X (paperback)
9781316673072 (epub)
1107160251 (hardback)
9781316613337 (paperback)
131661333X (paperback)
9781316673072 (epub)
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