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7 - The Role and Legitimacy of International Human Rights Mechanisms of Dispute Settlement

from Part II - Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms

Published online by Cambridge University Press:  14 December 2023

Russell Buchan
Affiliation:
University of Reading
Daniel Franchini
Affiliation:
University of Sheffield
Nicholas Tsagourias
Affiliation:
University of Sheffield
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Summary

In this chapter, Sir Malcolm Evans examines the role and legitimacy of international human rights mechanisms of dispute settlement. This chapter argues that the relationship between international dispute settlement and the work of the United Nations human rights treaty bodies is demonstrated by a series of cases brought by Qatar against the United Arab Emirates before both the International Court of Justice (ICJ) and the UN Committee on the Elimination of Racial Discrimination (CERD). This chapter explores some of the tensions which have been revealed concerning the interplay between the work of the CERD Committee and that of the ICJ and how each responded to them. It notes that the multifaceted and sui generis nature of their work means that they do not operate in a single ‘conceptual space’ and that the nature of the treaty bodies, their role and function, and the environment in which they work need to be borne in mind if their work is to be properly appreciated, understood, and engaged with.

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Chapter
Information
The Changing Character of International Dispute Settlement
Challenges and Prospects
, pp. 184 - 216
Publisher: Cambridge University Press
Print publication year: 2023

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