Book contents
- The Application of Teachings by the International Court of Justice
- Studies on International Courts and Tribunals
- The Application of Teachings by the International Court of Justice
- Copyright page
- Contents
- Figures
- Tables
- Foreword
- Preface
- Table of Cases
- Table of Treaties
- Abbreviations
- 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
- Book part
- Bibliography
- Index
2 - The ICJ Statute Article 38(1)
Published online by Cambridge University Press: 04 March 2021
- The Application of Teachings by the International Court of Justice
- Studies on International Courts and Tribunals
- The Application of Teachings by the International Court of Justice
- Copyright page
- Contents
- Figures
- Tables
- Foreword
- Preface
- Table of Cases
- Table of Treaties
- Abbreviations
- 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
- Book part
- Bibliography
- Index
Summary
This chapter analyses the ICJ Statute Article 38(1), interpreting each its component terms, with a particular emphasis on ‘teachings’. One overall conclusion is that the wording of Article 38(1) gives at best limited on guidance on the application of teachings, which supports the utility of the examination made in the rest of the book. When interpreting ‘teachings’ specifically, it is particularly difficult to classify works produced by the International Law Commission. They are not seen as ‘teachings’ in the book.
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- Publisher: Cambridge University PressPrint publication year: 2021