scholarly journals Application of the International Convention on the Elimination of all Forms of Racial Discrimination (Qatar v. United Arab Emirates): Request for the Indication of Provisional Measures (I.C.J.)

2018 ◽  
Vol 57 (6) ◽  
pp. 973-1030
Author(s):  
Alexandra Hofer
Keyword(s):  
Racial Discrimination ◽  
United Arab Emirates ◽  
National Origin ◽  
International Court Of Justice ◽  
International Convention ◽  
Court Of Justice ◽  
International Court

On July 23, 2018, the International Court of Justice (ICJ or Court) issued its Order on Qatar's request for provisional measures in the Qatar v. United Arab Emirates (UAE) case in which Qatar claims the UAE is responsible for violating the Convention on the Elimination of All Forms of Racial Discrimination (CERD or the Convention). The Court has previously ordered provisional measures under CERD in the context of the Ukraine v. Russia case and in the Georgia v. Russia proceedings. As is already apparent in the Order and the dissenting and separate opinions, the Qatar v. UAE case raises important issues pertaining to the interpretation of racial discrimination on the basis of “national origin” under Article 1(1) CERD as well as to the reading of the procedural conditions under Article 22 CERD.

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates): So Far, So Good?

2020 ◽  
Vol 34 (4) ◽  
pp. 387-407
Author(s):  
Udoka Ndidiamaka Owie
Keyword(s):  
United Nations ◽  
International Law ◽  
Racial Discrimination ◽  
United Arab Emirates ◽  
International Court Of Justice ◽  
International Convention ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
The United Nations

Abstract International law has a long history of dealing with racial discrimination, including its involvement in the perpetration of racial discrimination. However, in establishing a body of norms to tackle the problems of racial discrimination, several multilateral instruments have been adopted under the auspices of the United Nations addressing this malaise to various extents with the most extensive being the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) of 21 December 1965. While lauded for its singular and dedicated focus on racial discrimination, the Convention is challenged, at least interpretatively, as to the grounds for racial discrimination within its remit. Events occurring between Qatar and the United Arab Emirates on 5 June 2017 have afforded the International Court of Justice as the principal judicial organ of the United Nations, an opportunity—the third since the coming into effect of the Convention—to interpret this landmark treaty.

Parallel Proceedings before the International Court of Justice and the Committee on the Elimination of Racial Discrimination

2020 ◽  
Vol 19 (3) ◽  
pp. 388-416
Author(s):  
Emanuele Cimiotta
Keyword(s):  
Racial Discrimination ◽  
United Arab Emirates ◽  
Compliance Control ◽  
International Court Of Justice ◽  
Complex Issue ◽  
International Convention ◽  
Court Of Justice ◽  
International Court ◽  
Set Up ◽  
First Time

Abstract In recent times, claims concerning violations of the International Convention on the Elimination of All Forms of Racial Discrimination have been brought by States parties to the Convention to the attention of the International Court of Justice, and, for the first time in the course of United Nations human rights treaty bodies, to the Committee on the Elimination of Racial Discrimination. Relations between the different mechanisms of the sophisticated compliance control system set up by the Convention have been put to the test. In particular, the Qatar v. United Arab Emirates case raises the complex issue of parallel proceedings which, in the author’s opinion, can be dealt with by solutions offered by the Convention itself, rather than by the lis pendens principle.

scholarly journals Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates

2021 ◽  
pp. 375-389
Author(s):  
Živorad Rašević
Keyword(s):  
Human Rights ◽  
Racial Discrimination ◽  
United Arab Emirates ◽  
International Court Of Justice ◽  
International Convention ◽  
Research Results ◽  
Court Of Justice ◽  
International Court ◽  
The Future ◽  
Definition Of

The paper analyses the judgment of the International Court of Justice in the lawsuit of Qatar against the United Arab Emirates on the application of the International Convention on the Elimination of All Forms of Racial Discrimination and its contribution to the development of anti-discrimination law. The motives and procedural actions of the parties, the reasoning of the Court, and the consequences of the judgment are analysed, using legal, social, and philosophical methodologies. The research results in findings that the Court did not take into account the practice of human rights monitoring bodies. Instead, the Court teleologically interpreted the Convention and found that the substantive scope of the Convention does not cover nationality as a protected ground. This judgment does not give rise to optimism regarding further articulation and systematization of anti-discrimination law. Parochialism will certainly continue to prevail in the definition of the concept, protected grounds and relations, and purposes of protection against discrimination. Nevertheless, this judgment is useful in a few aspects: for the assessment of procedural prospects in the future similar proceedings, for understanding the scope of the Convention, and, in particular, for the understanding of various meanings of the notion of nationality within different contexts.

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. U.A.E.) (I.C.J.)

2021 ◽  
pp. 1-78
Author(s):  
David Keane
Keyword(s):  
Saudi Arabia ◽  
Racial Discrimination ◽  
United Arab Emirates ◽  
International Court Of Justice ◽  
International Convention ◽  
Court Of Justice ◽  
International Court

On February 4, 2021, the International Court of Justice (ICJ) delivered its judgment on the preliminary objections raised by the United Arab Emirates (UAE) in Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. United Arab Emirates). It upheld by eleven votes to six the first preliminary objection raised by the UAE and found that it has no jurisdiction to entertain the application filed by Qatar. The case was referred to the Court under Article 22 of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and relates to measures taken on June 5, 2017 by the UAE, along with Saudi Arabia, Bahrain, and Egypt, to cut diplomatic ties with Qatar and impose a blockade, including expelling all Qatari residents and visitors.

Qatar v. United Arab Emirates: Order on Provisional Measures (I.C.J.)

2020 ◽  
Vol 59 (1) ◽  
pp. 17-26
Author(s):  
Priya Pillai
Keyword(s):  
Racial Discrimination ◽  
United Arab Emirates ◽  
The State ◽  
International Court Of Justice ◽  
International Convention ◽  
Legal Proceedings ◽  
Court Of Justice ◽  
International Court

On June 11, 2018, the State of Qatar (Qatar) instituted legal proceedings against the United Arab Emirates (UAE) before the International Court of Justice (ICJ), alleging violations of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD Convention). On the same day, Qatar also applied for provisional measures of protection.

The 2011 Judicial Activity of the International Court of Justice

2012 ◽  
Vol 106 (3) ◽  
pp. 586-608 ◽  
Author(s):  
Jacob Katz Cogan
Keyword(s):  
Racial Discrimination ◽  
Russian Federation ◽  
Final Decision ◽  
International Court Of Justice ◽  
International Convention ◽  
Republic Of Macedonia ◽  
Court Of Justice ◽  
International Court ◽  
Yugoslav Republic ◽  
Preah Vihear

The International Court of Justice rendered four judgments in 2011: on April 1, a ruling on the respondent’s preliminary objections in Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation), upholding one objection and finding that the Court had no jurisdiction to entertain the application; on May 4, two rulings on Costa Rica’s and Honduras’s applications for permission to intervene in Territorial and Maritime Dispute (Nicaragua v. Colombia), rejecting both; and on December 5, a final decision on jurisdiction, admissibility, and the merits in Application of the Interim Accord of 13 September 1995 (Former Yugoslav Republic of Macedonia v. Greece), finding for the applicant. The Court also issued three orders in incidental proceedings: on March 8, one on Costa Rica’s request for the indication of provisional measures in Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua); on July 4, one on Greece’s application for permission to intervene as a nonparty in Jurisdictional Immunities of the State (Germany v. Italy); and on July 18, one on Cambodia’s request for the indication of provisional measures in Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand). The Court indicated provisional measures in response to both requests, and granted Greece permission to intervene.

Protecting Minorities from Discrimination and Mass Violence through Provisional Measures Indicated by the International Court of Justice

2020 ◽  
Vol 27 (3) ◽  
pp. 377-409
Author(s):  
Gregor Maučec
Keyword(s):  
Racial Discrimination ◽  
United Arab Emirates ◽  
Minority Rights ◽  
Equal Treatment ◽  
Mass Violence ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The Law ◽  
Made In

Although not traditionally thought of as a particularly important piece of the UN machinery for the protection of minorities, the International Court of Justice (icj) has made in this area important jurisprudential contributions. The icj can also take a more immediate step towards protecting minority rights by indicating provisional measures, as it did in the Bosnian Genocide case, in both cases of a racial discrimination lawsuit filed against Russia and, most recently, in Qatar v. United Arab Emirates. The purpose of this article is twofold: (1) by critically analysing the selected cases in which provisional measures were requested, to assess the contribution of the icj’s rulings (and appended judicial opinions) on such measures to interpreting, defining the content and developing the law of genocide, racial discrimination and equal treatment of minorities, and (2) to examine the potential for the icj to enhance the protection of minorities by indicating provisional measures.

Sign in / Sign up

Export Citation Format

Share Document