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The Applicability of the Erga Omnes Partes Doctrine in the Adjudication of International Human Rights Disputes
(Uganda Christian University, 2024-05-03) Arinda Isaac Rugambwa
The Erga Omnes Partes Doctrine, a fundamental principle of international law, imposes obligations upon states towards the international community as a whole. This research delves into its applicability within the context of adjudicating international human rights disputes. By examining pertinent case law, treaties, and scholarly literature, this research elucidates the evolving role of the doctrine in shaping the adjudication of international human rights violations. It explores the tension between state sovereignty and international obligations, analyzing how the doctrine operates in practice to hold states accountable for violations of human rights norms. Furthermore, this research assesses the effectiveness of international mechanisms, such as international courts and tribunals, in invoking and enforcing the Erga Omnes Partes Doctrine. Through a comprehensive analysis, this research seeks to contribute to a deeper understanding of the doctrine's significance in promoting global human rights protection and fostering accountability among states in the international arena.