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The International Convention on the Elimination of All Forms of Racial Discrimination - A Commentary by Thornberry, Patrick (14th July 2016)

19 Article 22: Role of the International Court of Justice

From: The International Convention on the Elimination of All Forms of Racial Discrimination: A Commentary

Patrick Thornberry

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 06 July 2020

Ethnicity — Minorities — Race — Human rights remedies

This chapter discusses the role of the International Court of Justice (ICJ) in settling disputes, as defined by Article 22 of the Convention. This article has been cited as a basis for ICJ jurisdiction in key cases before the ICJ. In particular, the chapter notes how the Georgia v Russian Federation case is the first and only case before the ICJ to focus exclusively on the interpretation of the Convention. The interrogation by the Court of the meaning to be attributed to Article 22 in Georgia v Russian Federation is notable for its complex of interpretative approaches towards international instruments, including human rights instruments—the canons of interpretation invoked by majorities and minorities, often to contradictory effect. If Georgia v Russian Federation demonstrates anything regarding the meaning of the Convention, it is that text and travaux signpost interpretative directions but are unlikely to be fully determinative.

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