The ICJ, the ECJ, and the Integrity of International Law<sup>1</sup>

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI:
The ICJ, the ECJ, and the Integrity of International Law1

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The European Court of Justice (ECJ) and the United Nations’ International Court of Justice (ICJ) were established by interstate treaties. The major issue today seems to be one of the coherence of human rights protection in Europe. Public international law is regarded by the ECJ as part of the legal order of European law. The European Court of Human Rights’ starting point is that human rights law, including the Convention on Human Rights, is part of international law. In a recent series of cases, the application of the law of state immunity by national courts has appeared to be incompatible with substantive provisions of the Convention on Human Rights, whereby the ratifying States of the Council of Europe undertake to guarantee prohibition to torture (the issue in the Al-Adsani case) or access to court as a component element of fair trial (the Fogarty and McElhinney cases). In our interrelated world, with a largely horizontal legal order (to which the European Union is a partial exception), globalisation has spawned numerous international tribunals and international criminal courts.

Keywords: European Court of Justice; United Nations; International Court of Justice; international law; human rights; globalisation; legal order; Europe; state immunity; international criminal courts

Chapter.  9655 words. 

Subjects: Public International Law

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