Application of the International Convention on the Elimination of all Forms of Racial Discrimination

Abstract

Human 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 Convention

International 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 urgency

International 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 interpretation

International 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 negotiation

Treaties — 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 interpretation

War 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