Book contents
- The Cambridge Companion to the International Court of Justice
- Cambridge Companions to Law
- The Cambridge Companion to The International Court of Justice
- Copyright page
- Contents
- Contributors
- Preface
- Introduction
- Part I The Role of the ICJ
- Part II The ICJ and International Dispute Settlement
- 6 The Jurisdiction of the Court
- 7 Provisional Measures
- 8 The International Court of Justice as the Master of the Sources
- 9 Fact-Finding and Expert Evidence
- 10 The ICJ and Other Courts and Tribunals: Integration and Fragmentation
- 11 The Working Practices of the Court
- 12 Procedure in Contentious Cases: Evolution and Flexibility
- 13 Effective Advocacy at the ICJ
- Part III The Impact of the ICJ’s Jurisprudence
- Index
- References
8 - The International Court of Justice as the Master of the Sources
from Part II - The ICJ and International Dispute Settlement
Published online by Cambridge University Press: 18 May 2023
Book contents
- The Cambridge Companion to the International Court of Justice
- Cambridge Companions to Law
- The Cambridge Companion to The International Court of Justice
- Copyright page
- Contents
- Contributors
- Preface
- Introduction
- Part I The Role of the ICJ
- Part II The ICJ and International Dispute Settlement
- 6 The Jurisdiction of the Court
- 7 Provisional Measures
- 8 The International Court of Justice as the Master of the Sources
- 9 Fact-Finding and Expert Evidence
- 10 The ICJ and Other Courts and Tribunals: Integration and Fragmentation
- 11 The Working Practices of the Court
- 12 Procedure in Contentious Cases: Evolution and Flexibility
- 13 Effective Advocacy at the ICJ
- Part III The Impact of the ICJ’s Jurisprudence
- Index
- References
Summary
This chapter explains the Court’s significant role as the ‘master of the sources’ of international law. The author considers what he defines as the ‘repressive dimension of Article 38’, before turning to consider the ways in which the Court has concretely used its role in respect of the sources of international law. Finally, the chapter critically examines how repression and mastery can often work together in international legal thought.
Keywords
- Type
- Chapter
- Information
- The Cambridge Companion to the International Court of Justice , pp. 165 - 186Publisher: Cambridge University PressPrint publication year: 2023
References
Further Reading
d’Aspremont, J., ‘What Was Not Meant to Be: General Principles of Law As a Source of International Law’, in Pisillo Mazzeschi, R. and De Sena, P. (eds.), Global Justice, Human Rights, and the Modernization of International Law (Springer, 2018) 163.Google Scholar
d’Aspremont, J., ‘The Four Lives of Customary International Law’, 21 International Community Law Review (2019) 229.CrossRefGoogle Scholar
Fitzmaurice, M., ‘The History of Article 38 of the Statute of the International Court of Justice: The Journey from the Past to the Present’, in Besson, S. and d’Aspremont, J., Oxford Handbook on the Sources of International Law (Oxford University Press, 2017), p. 179.Google Scholar
Tams, C., ‘Meta-Custom and the Court: A Study in Judicial Law-Making’ 14 The Law and Practice of International Courts and Tribunals (2015) 51.Google Scholar
Tomka, P., ‘Custom and the International Court of Justice’, 12(2) The Law and Practice of International Courts and Tribunals (2013) 195.CrossRefGoogle Scholar