Introductory Note to the International Court of Justice: Case Concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Geor. v. Russ.)

Abstract

This article provides a brief overview of the International Court of Justice judgment on preliminary objections in the Case Concerning Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation). Having ordered provisional measures against both Parties, the Court held that it did not have jurisdiction over the merits based on a pre-condition that the claimant party could have easily remedied. The Court’s reasoning can be better understood based on a fundamental analysis of its power and function.