HUMAN RIGHTS LAW THE HUMANITARIAN FACE OF THE INTERNATIONAL COURT OF JUSTICE

2007 ◽  
Vol 14 (4) ◽  
pp. 483-483
Author(s):  
O’Boyle Michael ◽  
Lafferty Michelle

This article examines influence of general principles of law and constitutions in the formulation of human rights standards and in their interpretation and application by international courts, particularly the Universal Declaration of Human Rights (UDHR). It describes and compares the application and interpretation of human rights by the International Court of Justice (ICJ), the European and Inter-American Courts of Human Rights, and the Court of Justice of the European Union (CJEU). This article also highlights the fact that majority of human rights instruments and provisions subsequently adopted at the national and international levels have built upon the guarantees elaborated by the UDHR.


Author(s):  
Simma Bruno

This chapter evaluates the International Court of Justice, which is one of the United Nation’s principal Charter bodies, and its principal judicial organ. As such, it hears cases brought by states against others and can render advisory opinions sought by certain organs of the UN and international organizations authorised to do so, both of which bear on a wide range of international legal issues. The ICJ is not specifically a human rights body, but its jurisprudence may have, indeed has had, an impact on international human rights law. The chapter then looks at the interpretation and application of human rights by the ICJ. It also assesses the linkage of the Court and human rights, identifying two phases in the engagement of the Court with human rights matters.


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