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The International Court of Justice and Specialised International Adjudicative Bodies: From Indifference to Authority Trading

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Zarbiyev, F. The International Court of Justice and Specialised International Adjudicative Bodies: From Indifference to Authority Trading. German Yearbook of International Law, 65(1), 291-318. https://doi.org/10.3790/gyil.2023.310269
Zarbiyev, Fuad "The International Court of Justice and Specialised International Adjudicative Bodies: From Indifference to Authority Trading" German Yearbook of International Law 65.1, 2024, 291-318. https://doi.org/10.3790/gyil.2023.310269
Zarbiyev, Fuad (2024): The International Court of Justice and Specialised International Adjudicative Bodies: From Indifference to Authority Trading, in: German Yearbook of International Law, vol. 65, iss. 1, 291-318, [online] https://doi.org/10.3790/gyil.2023.310269

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The International Court of Justice and Specialised International Adjudicative Bodies: From Indifference to Authority Trading

Zarbiyev, Fuad

German Yearbook of International Law, Vol. 65 (2022), Iss. 1 : pp. 291–318

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Zarbiyev, Fuad

Abstract

Abstract: In stark contrast to its typical disinclination to engage with the case law of other courts and tribunals, the International Court of Justice has shown a remarkably consistent attitude of deference towards specialised courts and tribunals the last two decades. That trend was, however, disrupted in 2021 in the judgment rendered in Qatar v. UAE where the Court explicitly rejected the interpretation provided by the Committee on the Elimination of Racial Discrimination according to which nationality-based differential treatment can, in some circumstances, constitute a prohibited racial discrimination pursuant to the Convention on the Elimination of All Forms of Racial Discrimination.

Table of Contents

Section Title Page Action Price
Fuad Zarbiyev\nThe International Court of Justice and Specialised International Adjudicative Bodies: From Indifference to Authority Trading 291
I. The Changing Ecology of International Adjudication 295
II. The Modus Co-vivendi of Bosnian Genocide as a Strategy for Authority Trading 301
III. The Prospects of Authority Trading after the Qatar v. UAE Judgment 306
IV. Is the ICJ’s Monopoly Over General International Law Matters Practically Possible? 309
V. Conclusion 312