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  3. The Application of Teachings by the International Court of Justice
  • Cited by 2
Publisher:
Cambridge University Press
Online publication date:
March 2021
Print publication year:
2021
Online ISBN:
9781108933520
DOI:
https://doi.org/10.1017/9781108933520
Series:
Studies on International Courts and Tribunals
Subjects:
Public International Law, Law, Politics and International Relations, International Relations and International Organisations
Information

Book description

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. It uses three different methodologies: a traditional legal analysis, an empirical analysis where citations of teachings are counted and interviews with judges and staff. Three main patterns are identified: teachings have generally low weight, but this weight varies between different works and between different judges. 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. 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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