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: | , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2015-04-01
|
| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_985_32f212e217a5396d21cef2242a16dc34.pdf |
| _version_ | 1827385234057854976 |
|---|---|
| author | Mohsen Abdollahi Ali Hasankhani |
| author_facet | Mohsen Abdollahi Ali Hasankhani |
| author_sort | Mohsen Abdollahi |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-08T15:18:16Z |
| format | Article |
| id | doaj.art-64123907c3e243e68a0cb17f1feaf8de |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:18:16Z |
| publishDate | 2015-04-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-64123907c3e243e68a0cb17f1feaf8de2024-01-10T10:49:50ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162015-04-0116453152985ProtectingIndividual Rights: Analyzing ICJ Judgment in the Case of Guinea Against CongoMohsen Abdollahi0Ali Hasankhani1دانشگاه شهید بهشتیدانشگاه شهید بهشتیInternational 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.https://qjpl.atu.ac.ir/article_985_32f212e217a5396d21cef2242a16dc34.pdfhuman rightsindividual rightsdiplomatic protectionreparationahmadousadio diallo |
| spellingShingle | Mohsen Abdollahi Ali Hasankhani ProtectingIndividual Rights: Analyzing ICJ Judgment in the Case of Guinea Against Congo Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī human rights individual rights diplomatic protection reparation ahmadousadio diallo |
| title | ProtectingIndividual Rights: Analyzing ICJ Judgment in the Case of
Guinea Against Congo |
| title_full | ProtectingIndividual Rights: Analyzing ICJ Judgment in the Case of
Guinea Against Congo |
| title_fullStr | ProtectingIndividual Rights: Analyzing ICJ Judgment in the Case of
Guinea Against Congo |
| title_full_unstemmed | ProtectingIndividual Rights: Analyzing ICJ Judgment in the Case of
Guinea Against Congo |
| title_short | ProtectingIndividual Rights: Analyzing ICJ Judgment in the Case of
Guinea Against Congo |
| title_sort | protectingindividual rights analyzing icj judgment in the case of guinea against congo |
| topic | human rights individual rights diplomatic protection reparation ahmadousadio diallo |
| url | https://qjpl.atu.ac.ir/article_985_32f212e217a5396d21cef2242a16dc34.pdf |
| work_keys_str_mv | AT mohsenabdollahi protectingindividualrightsanalyzingicjjudgmentinthecaseofguineaagainstcongo AT alihasankhani protectingindividualrightsanalyzingicjjudgmentinthecaseofguineaagainstcongo |