The Mask of Dimitrios: Objective and Subjective Approaches to judicial Enforcement of International Law on Common Interests
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The Mask of Dimitrios: Objective and Subjective Approaches to judicial Enforcement of International Law on Common Interests
German Yearbook of International Law, Vol. 65 (2022), Iss. 1 : pp. 109–128
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Röben, Volker
Abstract
Abstract: This article conceptualises a novel objective-institutional approach to judicial enforcement of multilateral treaty where non-compliance by a State party threatens the underlying common interest. This objective approach drives a re-interpretation of the doctrines of international judicial procedure with the aim that any party can institute proceedings and secure compliance with the objective law. It drives re-interpretations of the procedural doctrines of jurisdiction, dispute, party and standing without regard to any subjective considerations. It rests on institutional interpretation and application of the substantive treaty through advisory opinions, United Nations General Assembly resolutions, and findings of United Nations’ Human Rights or other technical bodies. The article argues that, at the same time, the traditional subjective approach to judicial enforcement acquires a new role. This traditional subjective approach that enforces rights of States can be reconciled with the objective-institutional approach if States use their primary and secondary rights to secure compliance by others with obligations under multilateral treaties. The article develops this complementarity by reference to the International Court of Justice decisions in
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Volker Röben\nThe Mask of Dimitrios: Objective and Subjective Approaches to judicial Enforcement of International Law on Common Interests | 109 | ||
| I. Introduction | 109 | ||
| II. The Objective Approach to Judicial Enforcement and Procedure | 112 | ||
| III. The Subjective Approach | 116 | ||
| IV. Applying the Complementarity of the Objective and the Subjective Approaches to Judicial Enforcement Beyond the Convention | 118 | ||
| V. Judicial Enforcement and the Role of States | 126 | ||
| VI. Conclusions | 127 |