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Summary

The chapter argues that judicial control mechanisms can provide effective remedies for individuals in ‘grey zones’ provided that the applicant can establish the responsibility of the respondent State and the (quasi-)judicial body is willing to exercise certain judicial activism to promote individuals’ access to international justice. The chapter highlights certain major deficiencies of judicial control mechanisms, before recommending certain tools of judicial activism that may promote individual applications from ‘grey zones’. If the attributability of the conduct to the respondent State is established, judicial control mechanisms are likely to have an impact on the human rights situation in the ‘grey zone’.

Over the years the International Court of Justice has come to play a mediative role in the settlement of disputes. This article focuses on the negotiation process by the International Court of Justice during the settlement of inter-state disputes. Various cases that were brought before the International Court of Justice are discussed to elaborate on this growing trend.

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7 - Judicial Control Mechanisms

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Case Analysis: Dispute Resolution by the International Court of Justice

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2 results

7 - Judicial Control Mechanisms

Summary

Case Analysis: Dispute Resolution by the International Court of Justice