Claims Concerning Racial Discrimination: Jurisdictional Approaches of the International Court of Justice-Reference-Cited by-同舟云学术

Claims Concerning Racial Discrimination: Jurisdictional Approaches of the International Court of Justice

Published:2022-07-05 Issue:2 Volume:9 Page:355-391
ISSN:2713-0533
Container-title:Kutafin Law Review
language:
Short-container-title:KULR

Author:

Vylegzhanin A. N.¹^ORCID,Ivanov D. V.¹^ORCID,Zinchenko O. I.¹^ORCID

Affiliation:

1. Moscow State Institute of International Relations (MGIMO-University)

Abstract

Recent years have demonstrated an increase in cases that were brought before the ICJ by way of jurisdictional clauses of treaties, and never before has the Court experienced such a considerable influx of human rights-related claims. In particular, cases concerning racial discrimination, which first appeared in the Court’s docket in 2008, take up today a substantial part of its agenda: three out of fourteen cases currently pending before the ICJ concern issues of application of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), while the fourth one was resolved just in 2021. The article describes the problems the Court encountered in striking the proper balance between various legal and political considerations when interpreting the jurisdictional clause of Article 22 of CERD and questions whether the ICJ has succeeded in doing so.

Publisher

Kutafin Moscow State Law University

Subject

Law

Reference17 articles.

1. Abraham, R., (2016). Presentation of the International Court of Justice over the Last Ten Years. Journal of International Dispute Settlement, 7(2), pp. 297–307.

2. Akande, D., (2016). Selection of the International Court of Justice as a Forum for Contentious and Advisory Proceedings (Including Jurisdiction). Journal of International Dispute Settlement, 7(2), pp. 320–344. https://doi.org/10.1093/jnlids/idw011.

3. Crawford, J., (2017). Interpretation of Human Rights Treaties by the International Court of Justice. Brainstorming Seminar on the place of the Convention in the European and international legal order, Strasbourg, 29–30 March 2017. Available at: https://vodmanager.coe.int/coe/webcast/coe/2017-03-29-3/lang/1 [Accessed 07.05.2022].

4. Fontanelli, F., (2021A). Once Burned, Twice Shy. The Use of Compromissory Clauses before the International Court of Justice and Their Declining Popularity in New Treaties. Rivista di diritto internazionale, 104(1), pp. 7–39.

5. Fontanelli, F., (2021B). The Disputes Between Armenia and Azerbaijan: The CERD Compromissory Clause as a One-way Ticket to Hague. EJIL: Talk!, 11 November 2021. Available at: https://www.ejiltalk.org/the-disputes-between-armenia-and-azerbaijan-the-cerd-compromissory-clause-as-a-one-way-ticket-to-hague/ [Accessed 07.05.2022].

Cited by 1 articles. 订阅此论文施引文献订阅此论文施引文献，注册后可以免费订阅5篇论文的施引文献，订阅后可以查看论文全部施引文献

1. The International Court of Justice Today: Current Challenges and Prospects;Journal of Law and Administration;2024-02-06