Tuesday, September 10, 2019

Kjeldgaard-Pedersen: The International Court of Justice and the Individual

Astrid Kjeldgaard-Pedersen (Univ. of Copenhagen - Law) has posted The International Court of Justice and the Individual (in Research Handbook on the International Court of Justice, Achilles Skordas ed., forthcoming). Here's the abstract:
This chapter studies the relationship between the ICJ and ‘the individual’ in a broad sense, including both human beings and private companies. It argues that there is a gap between, on one hand, the most famous dicta by the ICJ and its predecessor, the PCIJ, about the concept of international legal personality, and, on the other hand, the Court’s interpretation and application of treaty provisions that govern individuals directly. Indeed, the Court seems to have consistently invoked a more progressive view of the international legal personality of non-State entities, including individuals and private companies, than it is given – and has taken – credit for. As the chapter illustrates, how-ever, the Court’s favourable approach to ‘individual rights’ under international law has not prompt-ed it to be particularly accommodating towards ‘human rights’. Although there has unquestionably been a development in the way in which the ICJ takes account of human rights, its practice above all indicates that does not strive to be a court of human rights, but emphatically a court of international law.