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Books > Law > International law > Public international law > International human rights law
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The Development of Human Rights Law by the Judges of the International Court of Justice (Hardcover, New)
Loot Price: R5,627
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The Development of Human Rights Law by the Judges of the International Court of Justice (Hardcover, New)
Series: Studies in International Law
Expected to ship within 10 - 15 working days
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The jurisprudence of the International Court of Justice generally
demonstrates that no rule of international law can be interpreted
and applied without regard to its innate values and the basic
principles of human rights. Through its case-law the ICJ has made
immense contributions to the development of human rights law, and
in so doing continues to provide solutions to mounting
international problems, such as terrorism and unilateral use of
force. Part I of the book argues that the legislative spirit of
contemporary international law lies in the doctrine of human rights
and that the spirit of human rights doctrine lies in the principle
of human dignity. Furthermore it argues that the processes of
international legislation and international adjudication are
inseparable, and that there is no norm of international law which
does not intertwine the fundamental principle of human dignity with
human rights doctrine. Hence human rights law is more a school of
law than merely a normative branch of international law, and the
ICJ's willingness to engage in the development of human rights law
depends upon which judicial ideology its judges subscribe to.In
order to evaluate how this human rights spirit is manifested, or
occasionally not manifested, through the vast jurisprudence of the
ICJ, Parts II and III critically examine the Court's principal
contentious and advisory cases in which it has treated human rights
questions. The legal reasoning of the Court and the opinions
appended to its decisions by its individual judges are analysed in
light of the principle of human dignity and the doctrine of human
rights.
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