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Human Rights Before the International Court of Justice: Community Interest Coming to Life?

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Chapter Summary

In this chapter, the author attempts to provide some tentative (and necessarily brief) answers to the two correlative questions in his mind: first, has the development of international human rights law had an impact on the jurisprudence of the International Court of justice (ICJ)? Secondly, and vice versa, has the jurisprudence of the Court contributed to this development? In so doing, He will distinguish between two phases in the engagement of the Court with human rights matters: a-long-first phase marked by a certain restraint on the part of the Court, and the States parties to its Statute, with regard to such engagement, and following this a second phase marked by recent developments indicating a greater degree of readiness to have the Court decide straightforward human rights questions.

Keywords:human rights law; International Court of justice (ICJ)



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