V The Decision, 11 The Effect of the Decision and its Enforcement

Subject(s):

Res judicata — Recognition and enforcement — Advisory opinions — Judgments

This chapter details the effects of two types of Court decisions and their enforcement. It examines the problems inherent in the provisions of Article 59 of the Statute on the matter of enforcing decisions. Where problems have arisen in connection with the application of Article 59, these have not concerned judicial statement of legal rules so much as the effect of the judgment ‘on the ground’. Advisory opinions, meanwhile, are not determinative: they express the view of the Court as to the relevant international legal principles and rules, but do not oblige any State, not even the body that asked for the opinion, to take or refrain from any action. However the distinction, while clear in theory, is less so in practice.