Chapter

International Court of Justice

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print August 2010 | ISBN: 9780199592678
Published online January 2011 | e-ISBN: 9780191595646 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592678.003.0003

Series: International Courts and Tribunals Series

International Court of Justice

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The case law and Statute of the International Court of Justice have filled important gaps in the Court's case law. They have also constituted important milestones in the Court's interpretation and development of ECHR. Overall, the ECtHR has treated them as authoritative sources of inspiration and it has rarely disagreed with the ICJ's findings. A survey of the case law reveals that there is no general and coherent approach underpinning the Court's references. Being rather irregular, these references have acquired great importance as a result of the individual developments that they introduced. This chapter discusses a number of these important adaptations introduced in number of areas, including interim measures, the opposability of reservations, and the primacy of the UN Charter.

Keywords: Behrami; primacy principle; UN Charter; reservations; interim measures; ICJ

Chapter.  17655 words. 

Subjects: Human Rights and Immigration

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