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10 - Remarks on Practice

from Part II - The Individual in the Practice of the International Court of Justice

Published online by Cambridge University Press:  25 March 2025

Yusra Suedi
Affiliation:
University of Manchester
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Summary

This chapter concludes that the individual is considered in the legal reasoning of the Court in the identified contexts to a minor extent and offers reflections on the reasons for this. It recapitulates reflections on formalism and stability that are key in maritime and territorial boundary disputes. It notes that the Court is correctly limited to the request of the parties and cannot innovate beyond their submissions. However, across all chapters it was observed that state litigants often raise concerns about individuals in their custody. It therefore challenges the Court’s judicial caution when faced with potentially developing international law in addressing state’s concerns. It argues that while the Court does not have a formal law-making function, it develops international law nonetheless through its interpretations and clarifications and should not hesitate to do so when clarification is sought by state litigants on matters relating to the affected individuals in such disputes.

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Publisher: Cambridge University Press
Print publication year: 2025

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  • Remarks on Practice
  • Yusra Suedi, University of Manchester
  • Book: The Individual in the Law and Practice of the International Court of Justice
  • Online publication: 25 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009394512.015
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  • Remarks on Practice
  • Yusra Suedi, University of Manchester
  • Book: The Individual in the Law and Practice of the International Court of Justice
  • Online publication: 25 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009394512.015
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.

  • Remarks on Practice
  • Yusra Suedi, University of Manchester
  • Book: The Individual in the Law and Practice of the International Court of Justice
  • Online publication: 25 March 2025
  • Chapter DOI: https://doi.org/10.1017/9781009394512.015
Available formats
×