C- JUSTIFICATION OF THE PLAN
Our study starts with an introduction into which present we
the framework and control of it. The framework enabled us to locate this study
in its context, the control indicates to us in addition how it will be carried
out.
The choice of a plan with two parts answers a preoccupation of
harmonization of the ideas and especially with a coherence of the analyzes. It
is indeed logical within the framework of this work, to initially consider the
role of the International Court of Justice as regards the humans right, before
appreciating the contribution of its interventions.
Indeed, it is after having elucidated and clarified the role
if not the contribution of the Court, that one will be able to appreciate the
relevance of his interventions, or the implications which result from this on
the international law in general, and in particular on the States and the
international organizations.
The first part is primarily analytical, it analyzes the step
of the interventions of the Court in its incidental role as regards the humans
right, on the basis of the standards which it worked out. On the other hand,
the second part is much more critical ; it is based on the effectivity and
the implementation of the principles worked out by the Court, but also on the
incidences which rise from the use of these principles. From where :
First part : the role of the CIJ as regards the humans
right ;
Second part : the evaluation of the role of the CIJ as
regards the humans right.
FIRST PART : THE ROLE OF THE
INTERNATIONAL COURT OF JUSTICE AS REGARDS THE HUMANS RIGHT
The International Court of Justice is not a Court of the
humans right to the current direction of the term, the private people cannot
show the States before the Court due to violations of the humans right.
Nevertheless, a certain number of businesses raised important
questions relating to the humans right, and gave place to decisions of the
Court which made date.
Thus, the International Court of Justice which has as a role
to interpret the international law by the means of the International
Conventions and the practice of the States, has at the time of its
interventions as regards the humans right, elaborate certain standards known as
imperative (Chapter 1), and others in favor of human dignity (Chapter 2),
within the framework of the protection of the humans right.
CHAPTER I : The INTERVENTION
OF the CIJ AND
DEVELOPMENT OF the IMPERATIVE
STANDARDS
The International Court of Justice in the interpretation of
the international law worked out certain imperative standards which apply today
as regards the humans right to know the standards of juice cogens
(section 1), and the obligations erga omnes (section 2).
SECTION I : DEVELOPMENT OF the
JUICE COGENS STANDARDS
The development of the contemporary international law takes
into account today several standards worked out by the International Court of
Justice, it acts for example here of the juice cogens. This standard
which is the subject of doctrinal debates since the XXe century, remains still
disputed nowadays. Thus, we will consider here the contents of the juice
standard cogens (paragraphe1), before analyzing its implementation by the
Court, within the framework of the protection of the humans right
(paragraphe2).
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