ProtectingIndividual Rights: Analyzing ICJ Judgment in the Case of Guinea Against Congo
International court of justice as main judicial organ of United Nations not only has duty to resolve disputes between states but also has duty for protecting values which are accepted by members of international community. However, it has duty to resolve disputes according existing rules not accordi...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2015-04-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_985_32f212e217a5396d21cef2242a16dc34.pdf |
| Summary: | International court of justice as main judicial organ of United Nations not only has duty to resolve disputes between states but also has duty for protecting values which are accepted by members of international community. However, it has duty to resolve disputes according existing rules not according lex ferenda, changes in the area of human rights affected function of ICJ. We can observe clearly these changes in function of ICJ in the case of Guinea against Congo. In this judgment, ICJ by refocusing on human rights rules as a part of corpus of rules of international rules, through helping solidarity of international law, prepared a field for respect and compliance of human rights. Another important outcome of this case is changing the material domain of diplomatic protection and verdict to payment of compensation for reparation of nonmaterial damages. |
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| ISSN: | 2345-6116 2476-6216 |