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The Reception of International Law in the European Court of Human Rights$
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Magdalena Forowicz

Print publication date: 2010

Print ISBN-13: 9780199592678

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199592678.001.0001

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International Court of Justice

International Court of Justice

Chapter:
(p.72) II International Court of Justice
Source:
The Reception of International Law in the European Court of Human Rights
Author(s):

Magdalena Forowicz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592678.003.0003

The case law and Statute of the International Court of Justice have filled important gaps in the Court's case law. They have also constituted important milestones in the Court's interpretation and development of ECHR. Overall, the ECtHR has treated them as authoritative sources of inspiration and it has rarely disagreed with the ICJ's findings. A survey of the case law reveals that there is no general and coherent approach underpinning the Court's references. Being rather irregular, these references have acquired great importance as a result of the individual developments that they introduced. This chapter discusses a number of these important adaptations introduced in number of areas, including interim measures, the opposability of reservations, and the primacy of the UN Charter.

Keywords:   Behrami, primacy principle, UN Charter, reservations, interim measures, ICJ

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