Enforcement of ICJ Judgments and Inter-State Arbitral Awards A Comparative Analysis; Ways to Converge and Issues to Diverge

Abstract

International judgements and awards are rendered and usually sentiments
do not echo for long after, as the international community, including scholars
do not tend to pay much attention to the life of an adjudicatory outcome, after
it leaves the bench. As Prof. Oscar Schachter pointed out questions of enforcement
and compliance do not receive as much attention and the reasons are not
difficult to discern: [m]ainly it has been taken for granted that states which voluntarily
submit their disputes to arbitral or judicial procedures will comply
with the decision of the tribunal and that if they were not prepared to run the
risk of an adverse decision, they would not have submitted the case for adjudication
in the first place...