Book contents
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
2 - The Interpretation and Development of International Human Rights Law by the International Court of Justice
Published online by Cambridge University Press: 22 July 2019
- Human Rights Norms in ‘Other’ International Courts
- Studies on International Courts and Tribunals
- Human Rights Norms in ‘Other’ International Courts
- Copyright page
- Contents
- Contributors
- General Editors’ Preface
- Acknowledgements
- Table of Cases
- Abbreviations
- 1 How and Why to Assess the Relevance of Human Rights Norms in ‘Other’ International Courts
- 2 The Interpretation and Development of International Human Rights Law by the International Court of Justice
- 3 The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law
- 4 The Systemic Effect of International Human Rights Law on International Criminal Law
- 5 The Emerging Right to Justice in International Criminal Law: A Case Study of Colombia
- 6 Human Rights at the Reparations System of the International Criminal Court
- 7 International Human Rights Law and Dispute Settlement in the World Trade Organization
- 8 Invoking Human Rights
- 9 Human Rights Norms in the Court of Justice of the European Union
- 10 The Uneven Impact of International Human Rights Law in Africa’s Subregional Courts
- 11 Human Rights, Constitutional Justice and International Economic Adjudication: Legal Methodology Problems
- 12 The International Tribunal for the Law of the Sea and Human Rights
- 13 Forum Shopping and Human Rights: Staring at the Empty Shelves
- 14 Taking Stock: Relevance of Human Rights Norms in ‘Other’ International Courts
- Subject Index
Summary
This chapter analyses the contribution of the International Court of Justice (ICJ) to interpreting and developing rules and principles of international human rights law aimed at ensuring basic protection of individuals. First, the chapter puts into perspective the place of the ICJ within the larger framework of international adjudication and enforcement of human rights norms. Then, the chapter turns to the institutional possibilities and limitations of the Court in engaging in the process of interpreting and developing human rights norms, discussing both advisory proceedings and contentious cases. The analysis addresses all three procedural stages in contentious cases, namely preliminary objections, merits and reparations. Third, the chapter analyses the contribution of the Court to clarifying procedural, substantive and institutional issues concerning the understanding and implementation of key human rights norms. In analysing the case law of the Court, it is important to distinguish between cases involving bilateral disputes with human rights aspects and cases involving matters of general concern for the international community as a whole.
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- Human Rights Norms in ‘Other' International Courts , pp. 28 - 61Publisher: Cambridge University PressPrint publication year: 2019