Precedent in the World Court
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.
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2 The growth of the Courts case law
3 Range of precedential resources
4 The bases of the system
5 The Advisory Committee of Jurists
6 The view taken by the League of Nations
7 The possibility of judgemade international law
8 Stare decisis
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advisory opinions Aerial Incident Application arbitral argument Arnold Duncan McNair Article 38 Article 59 Barcelona Traction binding force chamber cited common law considered Continental Shelf Cour Court of International Court of Justice Court’s decision Cross and Harris decided décision development of international difﬁcult dispositif dispute dissenting opinion doctrine draft droit international Edvard Hambro fact ﬁrr ﬁrst Fitzmaurice Hersch Lauterpacht Ibid ICj Rep individual opinions inﬂuence International Court International Justice international law interpretation Jennings judgment judicial decisions jurisdiction jurisprudence League of Nations Light and Power Lord Namibia national law obiter dictum observed paragraph particular parties Permanent Court Pleadings Power Company practice precedential precedents previous decisions principle provision question ratio decidendi reasons reference Reﬂections remarked Rosenne rules of law separate opinion Series A/B Sources South West Aﬁica speciﬁc stare decisis statement Statute subsidiary means sufﬁcient Treaties tribunal United Nations United Nations Administrative World Court