Skip to main content Accessibility help
×
Home
Hostname: page-component-558cb97cc8-zcgq2 Total loading time: 0.469 Render date: 2022-10-07T13:48:24.924Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "displayNetworkTab": true, "displayNetworkMapGraph": false, "useSa": true } hasContentIssue true

3 - Range of precedential resources

Published online by Cambridge University Press:  04 May 2010

Get access

Summary

Accessibility

Building up the law through the use of precedents naturally depends on the accessibility of decisions. As remarked by Hersch Lauterpacht, and recalled above, ‘judicial decisions, particularly when published, become part and parcel of the legal sense of the community’. Decisions which remain unpublished can scarcely release their full precedential force. By way of analogy, one may contrast the several references in the jurisprudence to the published rule-making proceedings of the Permanent Court of International Justice with the absence of similar references to the unpublished rule-making proceedings of the present Court. In relation to arbitral decisions, Jennings recalls a series of lectures delivered by Henry Maine in 1887. In the course of 228 pages, the lecturer, though nurtured in the most notable of all case law systems, referred to but one decided case – the Alabama Claims – even though ‘there were quite a lot of decided cases on international law at the time’. Why so sparing in the use of this valuable resource? The reason was that ‘there was until relatively recent times no international lawyers’ apparatus technicus to make cases easily accessible as material for argument’. So publication is important. It has been undertaken continuously from the commencement of the Permanent Court of International Justice, each decision being made publicly available in printed form as soon as possible after delivery.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 1996

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×