نوع مقاله : علمی پژوهشی
دکتری حقوق بینالملل دانشگاه تهران
عنوان مقاله [English]
Together with the Security Council and the General Assembly, the International Court of Justice is one of the most important guarantors of peace, security and cooperation among states. The ICJ is a prominent mode of international dispute settlement and its judgments are binding upon states. Article 94(2) of the Charter of United Nations invests the Security Council with the power to give effect to a judgment of the ICJ, yet in its entire history, the Security Council has never employed its Article 94 powers even on occasions of clear non-compliance. Despite the relative lack of mechanism for the enforcement of judgments of the court, judgments have generally been complied with in practice. This study examines the degree of state compliance and the factors influencing it along with the role of the Security Council as the guarantor of the implementation of the decisions of the Court.
میرعباسی، سیدباقر و سیدحسین ساداتمیدانی؛ دیوان بینالمللی دادگستری در تئوری و عمل، چاپ سوم، جنگل، 1389.
Cases and Instruments