Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates

The paper analyses the judgment of the International Court of Justice in the lawsuit of Qatar against the United Arab Emirates on the application of the International Convention on the Elimination of All Forms of Racial Discrimination and its contribution to the development of anti-discrimination la...

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Autor principal: Rašević Živorad M.
Formato: article
Lenguaje:EN
HR
SR
Publicado: Institute of Comparative Law, Belgrade 2021
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Acceso en línea:https://doaj.org/article/064f954108ed4003904cfb5bcf035e7a
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spelling oai:doaj.org-article:064f954108ed4003904cfb5bcf035e7a2021-12-05T21:34:01ZRacial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates0039-21382620-112710.5937/spz65-33037https://doaj.org/article/064f954108ed4003904cfb5bcf035e7a2021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2021/0039-21382103375R.pdfhttps://doaj.org/toc/0039-2138https://doaj.org/toc/2620-1127The paper analyses the judgment of the International Court of Justice in the lawsuit of Qatar against the United Arab Emirates on the application of the International Convention on the Elimination of All Forms of Racial Discrimination and its contribution to the development of anti-discrimination law. The motives and procedural actions of the parties, the reasoning of the Court, and the consequences of the judgment are analysed, using legal, social, and philosophical methodologies. The research results in findings that the Court did not take into account the practice of human rights monitoring bodies. Instead, the Court teleologically interpreted the Convention and found that the substantive scope of the Convention does not cover nationality as a protected ground. This judgment does not give rise to optimism regarding further articulation and systematization of anti-discrimination law. Parochialism will certainly continue to prevail in the definition of the concept, protected grounds and relations, and purposes of protection against discrimination. Nevertheless, this judgment is useful in a few aspects: for the assessment of procedural prospects in the future similar proceedings, for understanding the scope of the Convention, and, in particular, for the understanding of various meanings of the notion of nationality within different contexts.Rašević Živorad M.Institute of Comparative Law, Belgradearticleinternational court of justiceracial discriminationnationalitycitizenshipLaw of EuropeKJ-KKZComparative law. International uniform lawK520-5582ENHRSRStrani pravni život, Vol 2021, Iss 3, Pp 375-389 (2021)
institution DOAJ
collection DOAJ
language EN
HR
SR
topic international court of justice
racial discrimination
nationality
citizenship
Law of Europe
KJ-KKZ
Comparative law. International uniform law
K520-5582
spellingShingle international court of justice
racial discrimination
nationality
citizenship
Law of Europe
KJ-KKZ
Comparative law. International uniform law
K520-5582
Rašević Živorad M.
Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates
description The paper analyses the judgment of the International Court of Justice in the lawsuit of Qatar against the United Arab Emirates on the application of the International Convention on the Elimination of All Forms of Racial Discrimination and its contribution to the development of anti-discrimination law. The motives and procedural actions of the parties, the reasoning of the Court, and the consequences of the judgment are analysed, using legal, social, and philosophical methodologies. The research results in findings that the Court did not take into account the practice of human rights monitoring bodies. Instead, the Court teleologically interpreted the Convention and found that the substantive scope of the Convention does not cover nationality as a protected ground. This judgment does not give rise to optimism regarding further articulation and systematization of anti-discrimination law. Parochialism will certainly continue to prevail in the definition of the concept, protected grounds and relations, and purposes of protection against discrimination. Nevertheless, this judgment is useful in a few aspects: for the assessment of procedural prospects in the future similar proceedings, for understanding the scope of the Convention, and, in particular, for the understanding of various meanings of the notion of nationality within different contexts.
format article
author Rašević Živorad M.
author_facet Rašević Živorad M.
author_sort Rašević Živorad M.
title Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates
title_short Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates
title_full Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates
title_fullStr Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates
title_full_unstemmed Racial non-discrimination before the International Court of Justice: Qatar against the United Arab Emirates
title_sort racial non-discrimination before the international court of justice: qatar against the united arab emirates
publisher Institute of Comparative Law, Belgrade
publishDate 2021
url https://doaj.org/article/064f954108ed4003904cfb5bcf035e7a
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