Application of Teachings by the International Court of Justice

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Application of Teachings by the International Court of Justice

Public international law

Author: Sondre Torp Helmersen

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Collection: Studies on International Courts and Tribunals

Language: English

Published by: Cambridge University Press

Published on: 4th March 2021

Format: LCP-protected ePub

Size: 3 Mb

ISBN: 9781108945196


Introduction

How do the judges of the International Court of Justice, the most authoritative court in international law, use teachings when deciding cases? This book is the first book-length examination of how teachings are used in an important international institution.

Methodology

It uses three different methodologies: a traditional legal analysis, an empirical analysis where citations of teachings are counted and interviews with judges and staff.

Findings

Three main patterns are identified: teachings have generally low weight, but this weight varies between different works and between different judges.

Implications

The book suggests explanations for the patterns it identifies, in order to contribute to understanding not only when and how teachings are used, but also why, and compares the Court's practice with that of other international courts and tribunals.

Conclusion

This study fills a gap in the international legal literature and will be essential reading for scholars and practicing international lawyers.

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