Application de la convention internationale sur l’élimination de toutes les formes de discrimination raciale (Géorgie c. Fédération de Russie), exceptions préliminaires : un formalisme excessif au service du classicisme ?

Abstract

Ruling on four preliminary objections brought by russia against Georgia, the court ended a dispute opposing the two states since August 2008. Finding it did not have jurisdiction, the court considered that Georgia failed to satisfy the procedural conditions laid down by the arbitration clause in the 1965 convention on racial discrimination on the basis of which Georgia had chosen to bring the case. in a particularly restrictive reading of the clause, coupled with excessive formalism, the court opted to deny Georgia access to the forum. In a classical solution, it declined to direct justice towards people by taking account of the specific features of the convention.