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Dissenting Opinion of Judge A.A. Cançado Trindade in the Case concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia versus Russian Federation, Preliminary Objections, of 01.04.2011)

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Chapter Summary

Georgia's approach to the interpretation of Article 22 is reinforced by the Court's established jurisprudence on erga omnes rights and obligations, in the Barcelona Traction case. The Court gave as an example of erga omnes norms the basic rights of the human person, including explicitly the protection against racial discrimination, along with the prohibition of slavery and genocide. The legal consequences of breaches of erga omnes norms are incorporated by the International Law Commission in its Articles on the Responsibility of States for Internationally Wrongful Acts, particularly in Articles 48 and 54, acknowledging the standing of all members of the international community to invoke the responsibility of the State for breach of erga omnes norms. The character of human rights treaties, in particular their non-synallagmatic character provides a reason for rejecting the Russian Federation's view that Article 22 is subordinated to Article 11.

Keywords: erga omnes rights; Georgia; human rights treaties; International Law Commission; racial discrimination; Russian Federation

10.1163/9789004251038_059
/content/books/b9789004251038s059
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