Precedent in the World Court

Front Cover
Cambridge University Press, Nov 6, 2007 - Law - 268 pages
Decisions of the International Court of Justice are almost as replete with references to precedent as are decisions of a common law court. Even though previous decisions are not binding, the Court relies upon them as authoritative expressions of its views on decided points of law. In his book, the distinguished international lawyer Judge Shahabuddeen examines various aspects of this phenomenon. He shows the extent to which the Court is guided by its previous decisions, and discusses the way in which parties to cases are themselves guided by decisions of the Court in framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Selected pages

Contents

1 Introduction
1
2 The growth of the Courts case law
13
3 Range of precedential resources
32
4 The bases of the system
40
5 The Advisory Committee of Jurists
48
6 The view taken by the League of Nations
55
7 The possibility of judgemade international law
67
8 Stare decisis
97
10 Departing from a previous decision
128
11 Ratio decidendi and obiter dictum
152
12 Advisory opinions and decisions of chambers
165
13 The precedential impact of individual opinions
177
14 Effect and scope of the Courts case law
209
15 Conclusion
234
Index
242
Copyright

9 Distinguishing
110

Other editions - View all

Common terms and phrases

Bibliographic information