Towards an Amicable Solution: The Inter-State Communications Procedure under ICERD
In: The Law & Practice of International Courts and TribunalsSearch for other papers by Jan Eiken in
Current site
Google Scholar
Search for other papers by David Keane in
Current site
Google Scholar
Abstract
Articles 11–13 ICERD provide for inter-State communications before the UN Committee on the Elimination of Racial Discrimination. The mechanism was triggered for the first time in 2018, with three inter-State communications – Qatar v. Kingdom of Saudi Arabia, Qatar v. United Arab Emirates and Palestine v. Israel. This article offers a detailed, article-by-article analysis of the ICERD inter-State communications mechanism. It looks back at CERD decision-making under Article 11, which pioneered rules of procedure and practice in inter-State communications before a UN treaty body. It considers the composition of the ad hoc Conciliation Commissions under Article 12. It looks forward to the role of the ad hoc Conciliation Commissions under Article 13 in terms of fact-finding, an amicable solution and recommendations. In conclusion, the potential of the Articles 11–13 mechanism as a global contentious human rights jurisdiction is emphasised.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 949 | 244 | 37 |
| Full Text Views | 202 | 37 | 10 |
| PDF Views & Downloads | 565 | 100 | 25 |
Towards an Amicable Solution: The Inter-State Communications Procedure under ICERD
In: The Law & Practice of International Courts and TribunalsSearch for other papers by Jan Eiken in
Current site
Google Scholar
PubMed
Search for other papers by David Keane in
Current site
Google Scholar
PubMed
Abstract
Articles 11–13 ICERD provide for inter-State communications before the UN Committee on the Elimination of Racial Discrimination. The mechanism was triggered for the first time in 2018, with three inter-State communications – Qatar v. Kingdom of Saudi Arabia, Qatar v. United Arab Emirates and Palestine v. Israel. This article offers a detailed, article-by-article analysis of the ICERD inter-State communications mechanism. It looks back at CERD decision-making under Article 11, which pioneered rules of procedure and practice in inter-State communications before a UN treaty body. It considers the composition of the ad hoc Conciliation Commissions under Article 12. It looks forward to the role of the ad hoc Conciliation Commissions under Article 13 in terms of fact-finding, an amicable solution and recommendations. In conclusion, the potential of the Articles 11–13 mechanism as a global contentious human rights jurisdiction is emphasised.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 949 | 244 | 37 |
| Full Text Views | 202 | 37 | 10 |
| PDF Views & Downloads | 565 | 100 | 25 |