Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-c47g7 Total loading time: 0 Render date: 2024-04-23T21:59:58.159Z Has data issue: false hasContentIssue false

3 - The International Court of Justice as an Integrator, Developer and Globaliser of International Human Rights Law

Published online by Cambridge University Press:  22 July 2019

Martin Scheinin
Affiliation:
European University Institute, Florence
Get access

Summary

This chapter analyses how the International Court of Justice (ICJ) engages with human rights in international law. It first introduces a novel three-dimensional typology: the ICJ as an integrator, developer and globaliser of human rights. The ICJ as an ‘integrator’ of human rights focuses on the extent to which the ICJ has contributed to the integration of human rights into the corpus of international law as humanising or constitutional principles. The ICJ as a ‘developer’ reviews the contributions of the Court to the development of international human rights law as a branch of international law. The ICJ as a ‘globaliser’ examines how the ICJ assumes and globalizes the interpretation of international human rights law by specialised, often regional, human rights bodies. The Chapter argues that human rights at the ICJ do not have a coherent or progressive trajectory over time. Instead, developments are piecemeal, case sensitive and reflect deep disagreements on the role of human rights in general international law. The ICJ fares better as a globaliser of existing human rights law. Yet, it is s reluctant to offer an unambiguous constitutional place to human rights in its case law.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×