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Max Planck Encyclopedia of Public International Law [MPEPIL]

Res Judicata

William S Dodge

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 08 December 2019

Subject(s):
International organizations, practice and procedure — Arbitration — Mixed Claims Commissions — Advisory opinions — Res judicata — Rule of law — General principles of international law — Revision of judgments

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Res iudicata is the doctrine that a final adjudication by a court or arbitral tribunal is conclusive ( Judgments of International Courts and Tribunals ; see Judgments of International Courts and Tribunals, Revision of ; Judicial and Arbitral Decisions, Validity and Nullity ). It is said to have both a positive and a negative effect. The positive effect is that a judgment or award is binding upon the parties and must be implemented in good faith (bona fide) . The negative effect is that an issue decided in a judgment or award may not be relitigated. Res iudicata...
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