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essay international law
LW420 - International and Comparative Law
2 Found helpful • 5 Pages • Essays / Projects • Year: Pre-2021
In two recent cases of the International Court of Justice (“the Court”), Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v Russian Federation) (“Georgia v Russian Federation”), and Ahmadou Sadio Diallo (Republic of Guinea v Democratic Republic of the Congo) (“Diallo”), issues of jurisdiction and treaty interpretation were raised. In Georgia v Russian Federation, the case turned on interpretation of the Convention on the Elimination of All Forms of Racial Discrimination (“CERD”). In this case, the court was required to interpret a compromissary clause. Upholding a strict approach to interpretation, they found that the Russian Federation’s second preliminary objection should be upheld. However, after an examination of the dissenting judgments, I am of the opinion that the majority judges failed to take into account the human rights nature of CERD when interpreting it. Before discussing these points, I shall first examine the basis of the Court’s jurisdiction in Diallo.
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