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

4 The Convention and the Committee

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: 05 July 2020

Religion — Ethnicity — Minorities — Race

This chapter focuses on fully functioning CERD procedures. In addition, it provides briefer references to other procedures ‘on the books’ that have not engendered sufficient practice. These include the inter-State procedure, the non-functioning of which may be contrasted with the active engagement with the Convention by the International Court of Justice in Georgia v Russian Federation, and the procedure under Article 15 of the Convention, which has seen its operative decolonization context progressively eroded. The discussion reflects on the principal developments since CERD became operational, while maintaining a primarily analytical focus. The legal and geopolitical changes that have occurred since the adoption of the Convention have marked its procedures as much as the substantive norms.

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