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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1. Introduction; 2. The ICJ statute article 38(1); 3. The general role of teachings in the ICJ; 4. Variations between works; 5. Variations between judges; 6. Concluding reflections; Appendices; Bibliography; Index.
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The first book-length systematic examination of how teachings are used in practice in international law.

Produktdetaljer

ISBN
9781108928328
Publisert
2023-07-27
Utgiver
Vendor
Cambridge University Press
Vekt
410 gr
Høyde
228 mm
Bredde
152 mm
Dybde
15 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
272

Om bidragsyterne

Sondre Torp Helmersen is Associate Professor and Vice Dean for Research at the Faculty of Law, UiT The Arctic University of Norway. He has published widely on the sources of international law and other topics in leading journals. Before entering academia he worked at the Norwegian Ministry of Foreign Affairs.