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Nordic Journal of International Law
Journal Prestige (SJR): 0.208

Number of Followers: 17

Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0902-7351 - ISSN (Online) 1571-8107
Published by Brill Academic Publishers

[229 journals]

The Third Hilding Eek Memorial Lecture
- Authors: Christine Chinkin
  First page: 229
  Abstract: Source: Volume 87, Issue 3, pp 229 - 248
  PubDate: 2018-09-09T00:00:00Z
The Holistic Interpretation of Treaties at the International Court of
Justice
- Authors: Liliana E. Popa
  First page: 249
  Abstract: Source: Volume 87, Issue 3, pp 249 - 343This article revises the topic of treaty interpretation at the International Court of Justice and focuses on what judges at this Court do in terms of treaty interpretation. The main argument developed in the article, based on an extended analysis of case-law at the ICJ, prior to and after the adoption of the 1969 Vienna Convention on the Law of Treaties, is that the ICJ’s approaches to interpretation after the VCLT was adopted are consistent with the canons of treaty interpretation which this Court has greatly developed and applied with consistency since its inception. The case-law analysis reveals a preference of the PCIJ/ICJ for holistic interpretation, and thus for the use of more rules and methods of interpretation than initially declared by the Court as sufficient to solve the issue of interpretation before it, in an interpretative approach which could be termed ‘overbuilding’.
  PubDate: 2018-09-09T00:00:00Z
The Disjunctive Structure of Positive Rights under the European Convention
on Human Rights
- Authors: Vladislava Stoyanova
  First page: 344
  Abstract: Source: Volume 87, Issue 3, pp 344 - 392The European Court of Human Rights (ECtHR) has reiterated that states have discretion regarding what means to use to fulfil their positive obligations under the European Convention on Human Rights (ECHR). Given the “wide range of possible measures” that could be taken to ensure compliance with positive rights, these rights have a disjunctive structure since an omission has no definitive counterpart. This article examines how the ECtHR deals with the disjunctive structure of positive rights and how it addresses alternative protective measures that could have been extended. In order to identify the main points of contention, I first draw on legal-theoretical literature that has grappled with the structure of positive rights. I then examine what the Court actually does when it adjudicates positive obligation cases under qualified and unqualified rights. I analyse how and why the review endorsed in the ECtHR’s judgments diverges from or converges with the theoretical model.
  PubDate: 2018-09-09T00:00:00Z

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