Precedent in the world court / Mohamed Shahabuddeen.

Format:

Book

Author/Creator:

Shahabuddeen, M., 1931-2018, author.

Contributor:

University of Cambridge. Research Centre for International Law, issuing body.

Series:

Hersch Lauterpacht memorial lectures ; 13.

Hersch Lauterpacht memorial lectures ; 13

Language:

English

Subjects (All):

International Court of Justice.

Stare decisis.

Physical Description:

1 online resource (xx, 245 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 1996.

System Details:

text file

PDF

Summary:

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.

Contents:

1. Introduction

2. The growth of the Court's 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 judge-made international law

8. Stare decisis

9. Distinguishing

10. Departing from a previous decision

11. Ratio decidendi and obiter dictum

12. Advisory opinions and decisions of chambers

13. The precedential impact of individual opinions

14. Effect and scope of the Court's case law

15. Conclusion.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511720840

Access Restriction:

Restricted for use by site license.