Hostname: page-component-848d4c4894-hfldf Total loading time: 0 Render date: 2024-06-11T07:04:53.092Z Has data issue: false hasContentIssue false

Application of the International Convention on the Elimination of all Forms of Racial Discrimination

International Court of Justice.  30 June 2009 ; 01 April 2011 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Human rights — Treaties — Interpretation of human rights treaties — Compromissory clauses — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Whether imposing preconditions on the seisin of the International Court of Justice — Scope of application of Convention — Whether applicable extraterritorially — Conflict between Georgia and Russian Federation in 2008 — Allegations of ethnic cleansing in Abkhazia and South Ossetia — Whether dispute regarding the interpretation or application of the Convention

International Court of Justice — Provisional measures of protection — Criteria for indication of measures — Prima facie basis for jurisdiction — Application by Georgia against Russian Federation — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Whether prima facie basis for jurisdiction — Measures must be designed to protect rights which might form the subject-matter of a judgment — Requirement of urgency

International Court of Justice — Jurisdiction — Consent of States as basis of jurisdiction — Dispute — Definition of dispute — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Types of dispute covered by Article 22 — Conflict between Georgia and Russian Federation in 2008 — Whether dispute between the Parties regarding the interpretation or application of the Convention — Date on which dispute came into existence — Whether Article 22 imposing preconditions on seisin of the Court — Requirement of negotiations — Relationship between decision on prima facie basis of jurisdiction at provisional measures stage and definitive ruling on jurisdiction — Whether compromissory clauses in human rights treaties requiring different approach to interpretation

International organizations — United Nations — Security Council — Exchanges between States in meetings of Security Council — Whether capable of establishing existence of dispute — Whether capable of constituting attempt to resolve dispute by negotiation

Treaties — Interpretation — Principles of interpretation — Principle of effet utile — Role within framework of treaty interpretation — Human rights treaties — Compromissory clauses — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Approach to interpretation

War and armed conflict — International armed conflict — Conflict between Georgia and Russia in 2008 — Conflicts in Abkhazia and South Ossetia — Ethnic cleansing — Whether giving rise to dispute within Convention on the Elimination of All Forms of Racial Discrimination, Article 22

Type
Case Report
Copyright
© Cambridge University Press 2016

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)