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6 - Concluding Reflections

Published online by Cambridge University Press:  04 March 2021

Sondre Torp Helmersen
Affiliation:
Universitetet i Tromsø, Norway
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Summary

This chapter offers reflections on the results presented in the previous chapters. One section argues that while it is difficult to prove that teachings contribute to the development of international law, it seems probable that they do, including by influencing the ICJ when it contributes to the development of international law. The next section suggests how the Court's practice may be adjusted in potentially beneficial ways. The arguments are presented, in favour of increased transparency about the application of teachings, increased diversity in what teachings are applied, and increased regulation in how teachings are applied. These arguments must be balanced against significant counterarguments, and this must be done by the individual judge. A third section shows how the Court's practice compares with that of other international courts and tribunals. The Court's majority opinions are most similar to those of the International Tribunal for the Law of the Sea, while its individual opinions sit roughly in the middle of a spectrum between various institutions. The final section has ideas for future research.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • Concluding Reflections
  • Sondre Torp Helmersen, Universitetet i Tromsø, Norway
  • Book: The Application of Teachings by the International Court of Justice
  • Online publication: 04 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108933520.008
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  • Concluding Reflections
  • Sondre Torp Helmersen, Universitetet i Tromsø, Norway
  • Book: The Application of Teachings by the International Court of Justice
  • Online publication: 04 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108933520.008
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.

  • Concluding Reflections
  • Sondre Torp Helmersen, Universitetet i Tromsø, Norway
  • Book: The Application of Teachings by the International Court of Justice
  • Online publication: 04 March 2021
  • Chapter DOI: https://doi.org/10.1017/9781108933520.008
Available formats
×