Suchergebnisse

This Oxford commentary is a comprehensive article-by-article analysis of the provisions of the Convention on the Elimination of All Forms of Racial Discrimination. It discusses the conceptual and instrumental framework of the Convention and the CERD Committee, and addresses some of the critical challenges confronting the convention

1Human rights — Treaties — Interpretation of human rights treaties — Compromissory clauses — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Whether imposing preconditions on the seisin of the International Court of Justice — Scope of application of Convention — Whether applicable extraterritorially — Conflict between Georgia and Russian Federation in 2008 — Allegations of ethnic cleansing in Abkhazia and South Ossetia — Whether dispute regarding the interpretation or application of the ConventionInternational Court of Justice — Provisional measures of protection — Criteria for indication of measures — Prima facie basis for jurisdiction — Application by Georgia against Russian Federation — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Whether prima facie basis for jurisdiction — Measures must be designed to protect rights which might form the subject-matter of a judgment — Requirement of urgencyInternational Court of Justice — Jurisdiction — Consent of States as basis of jurisdiction — Dispute — Definition of dispute — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Types of dispute covered by Article 22 — Conflict between Georgia and Russian Federation in 2008 — Whether dispute between the Parties regarding the interpretation or application of the Convention — Date on which dispute came into existence — Whether Article 22 imposing preconditions on seisin of the Court — Requirement of negotiations — Relationship between decision on prima facie basis of jurisdiction at provisional measures stage and definitive ruling on jurisdiction — Whether compromissory clauses in human rights treaties requiring different approach to interpretationInternational organizations — United Nations — Security Council — Exchanges between States in meetings of Security Council — Whether capable of establishing existence of dispute — Whether capable of constituting attempt to resolve dispute by negotiationTreaties — Interpretation — Principles of interpretation — Principle of effet utile — Role within framework of treaty interpretation — Human rights treaties — Compromissory clauses — Convention on the Elimination of All Forms of Racial Discrimination, Article 22 — Approach to interpretation2War and armed conflict — International armed conflict — Conflict between Georgia and Russia in 2008 — Conflicts in Abkhazia and South Ossetia — Ethnic cleansing — Whether giving rise to dispute within Convention on the Elimination of All Forms of Racial Discrimination, Article 22

Examines Articles 1, 2 and 4, concerning the treatment of non-citizens and protection from racial discrimination.

The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) is the most important of the general instruments (as distinguished from specialized instruments such as those pertaining to labor or education) that develop the fundamental norm of the United Nations Charter—by now accepted into the corpus of customary international law—requiring respect for and observance of human rights and fundamental freedoms for all, without distinction as to race. It has been eloquently described as "the international community's only tool for combating racial discrimination which is at one and the same time universal in reach, comprehensive in scope, legally binding in character, and equipped with built-in measures of implementation."