Prohibition of Discrimination

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The Disputes Between Armenia and Azerbaijan: The CERD Compromissory Clause as a One-way Ticket to Hague

Introduction In September 2021, Armenia and Azerbaijan lodged each against the other an application before the International Court of Justice (Court) (ArA and AzA). Both applications refer to alleged breaches of the 1966 UN Convention on the Elimination of All Forms of Racial Discrimination (CERD), using its compromissory clause (Article 22) to establish the Court’s jurisdiction, and request provisional measures (PM). Hearings on PMs took place on 14-15 and 18-19 October 2021. Besides a short description, I do not assess the applications (and PM requests) as such; Mike Becker did a terrific job at this. Instead, through these applications I discuss the trend of using compromissory clauses to litigate a fragment of broader conflicts, engaging other international legal sources. In a recent study (Rivista di Diritto Internazionale, 2021) I made, essentially, three claims. By pushing broader conflicts through specific treaty-based allegations: States seek less to solve the conflicts, than use the Court to score political points (domestically) and broadcast remonstrations (internationally); this strategy is lawful, but erodes…

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Who is the Final Interpreter in Human Rights: the ICJ v CERD?

In 2018 Qatar instituted proceedings against the United Arab Emirates (UAE) before the International Court of Justice (ICJ or the Court), alleging violations of the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (CERD or the Convention). In parallel inter-State proceedings the CERD Committee found in 2019 that it had jurisdiction to deal…

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Discriminatory torture of an LGBTI person: landmark precedent set by the Inter-American Court (Azul Rojas Marín and Another v. Peru)

In the midst of the coronavirus crisis, the Inter-American Court of Human Rights (IACtHR) has issued a landmark judgment in the case of Azul Rojas Marín and Another v. Peru, enhancing the rights of LGBTI persons, and setting new standards with the potential to reduce the levels of violence suffered by this group both within…

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Application of the CERD Convention (Qatar v UAE) and “Parallel Proceedings” before the CERD Committee and the ICJ

Last week, the International Court of Justice held hearings to consider the United Arab Emirates request for provisional measures in the Case concerning the Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. UAE).  The UAE’s requests are unusual in at least two ways. First these requests constitute…

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De-humanisation? CJEU, Liga van Moskeeën en islamitische Organisaties Provincie Antwerpen on Religious Slaughter

Introduction In Case C-426/16, Liga van Moskeeën en islamitische Organisaties Provincie Antwerpen et al v. Vlaams Gewest, the Court of Justice of the European Union (Grand Chamber) in its judgment of 29th May 2018 decided that the EU law provision allowing religious slaughter without stunning the animal only in slaughterhouses (Art. 4(4) of Regulation…

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