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Interpretation of the human rights treaties by the International Court of Justice.

Authors :
Crawford, James
Keene, Amelia
Source :
International Journal of Human Rights. Sep2020, Vol. 24 Issue 7, p935-956. 22p.
Publication Year :
2020

Abstract

The subject of this article is the role of the International Court of Justice (ICJ or Court) in interpreting human rights treaties. The article first sets out the limits of the Court's jurisdiction on human rights questions. Second, it analyses the ICJ's interpretive techniques, based also on cases concerning general treaty interpretation, in order to examine whether the Court has adopted an interpretive methodology comparable to some of the techniques of the ECtHR. It places this analysis within the broader debate as to whether a specialised approach to interpretation is required in the context of human rights treaties. Third, it considers a further important role that the ICJ can play in adjudicating on the relations between human rights and other issues of international law, including diplomatic protection, State immunities and international humanitarian law. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
13642987
Volume :
24
Issue :
7
Database :
Academic Search Index
Journal :
International Journal of Human Rights
Publication Type :
Academic Journal
Accession number :
145323356
Full Text :
https://doi.org/10.1080/13642987.2019.1600509