International Courts, Unrecognised Entities and Individuals: Coherence through Judicial Dialogue?
International Courts, Unrecognised Entities and Individuals: Coherence through Judicial Dialogue?
Author(s): Anna CzaplińskaSubject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Instytut Nauk Prawnych PAN
Keywords: international courts; judicial dialogue; judicial protection; judicial redress; non-recognition; recognition; unrecognised entities;Turkish Republic of Northern Cyprus
Summary/Abstract: The article offers a revisited look at the classic jurisprudence of the ECtHR and CJEU concerning the Turkish Republic of Northern Cyprus from the perspective of the phenomenon of judicial dialogue. In this context, it aims to examine whether judicial dialogue contributes to the development of coherent jurisprudence and in consequence of effective judicial redress in cases involving unrecognised entities and individuals. It draws attention to the threats for both the international rule of law and the protection of rights of individuals resulting from inconsistencies within own jurisprudence of the respective court, as well as from lack of coherence in interpretation and application of the same rules of international law by different courts.
Journal: Polish Yearbook of International Law
- Issue Year: 2019
- Issue No: 39
- Page Range: 61-87
- Page Count: 27
- Language: English
- Content File-PDF