The International Court of Justice and Human Rights

C Espósito and K Parlett (eds.), The Cambridge Companion to the International Court of Justice (Cambridge University Press, forthcoming 2022).

19 Pages Posted: 29 Mar 2022

See all articles by Carlos Espósito

Carlos Espósito

Universidad Autónoma de Madrid (UAM)

Date Written: January 10, 2022

Abstract

The International Court of Justice is not a specialized human rights court. Nevertheless, the Court has a significant role in the protection and development of human rights. This chapter describes some structural obstacles to the engagement of the Court with human rights, and then considers instances of substantial incorporation of human rights into the fabric of general international law through interpretation and legal concepts encompassing international community interests. The chapter suggests that structural disengagement in the sense of norms allowing only states to litigate before the Court does not impede substantial incorporation which may depend on other factors, including institutional windows of opportunities, such as the advisory jurisdiction, and the changing attitudes of the ICJ judges and lawyers before the Court.

Keywords: Inernational Court of Justice, Human Rights

Suggested Citation

Espósito, Carlos, The International Court of Justice and Human Rights (January 10, 2022). C Espósito and K Parlett (eds.), The Cambridge Companion to the International Court of Justice (Cambridge University Press, forthcoming 2022)., Available at SSRN: https://ssrn.com/abstract=4051897

Carlos Espósito (Contact Author)

Universidad Autónoma de Madrid (UAM) ( email )

Faculty of Law
Madrid, 28049
Spain

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