نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق، دانشکده علوم انسانی و اجتماعی، دانشگاه کردستان، سنندج، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The general dimension of international law is a relatively new phenomenon. In its jurisprudence, the International Court of Justice has sometimes referred to new concepts aimed at safeguarding this public dimension. This dimension, which has transformed the traditional understanding of international law, necessitates the development of rules to preserve and protect interests of the international community. This article seeks to address the question: How international community interests have been protected in international adjudication’? Through a descriptive-analytical examination of the ICJ rulings, it becomes evident that this concept has undergone fundamental transformations over time, with two main approaches. The first approach, rooted in the principle of state consent and the interests of disputing parties, confines the scope of adjudication concerning collective interests. In this approach, the Court initially adopted restrictive interpretations but gradually advanced a broader conceptualization, articulated through erga omnes and jus cogens obligations. In contrast, the second approach has taken significant strides in protecting collective interests by introducing more precise judicial mechanisms. The apex of this evolution materialized in the case of ‘Obligation to Prosecute or Extradite’, where the ICJ recognized the right of standing before the Court and invoking state responsibility by a state other than the injured one as a legitimate mechanism for protecting collective interests. Nevertheless, the culmination of this process would entail establishing a specialized institution tasked with enforcing and monitoring international collective interests.
کلیدواژهها [English]
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