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Book contents
- International Law-Making by the International Court of Justice and International Law Commission
- Cambridge Studies in International and Comparative Law: 187
- International Law-Making by the International Court of Justice and International Law Commission
- Copyright page
- Dedication
- Epigraph
- Contents
- Foreword
- Acknowledgments
- Abbreviations
- 1 Introduction
- 2 The International Court of Justice and the International Law Commission: Joined at the Hip
- 3 “An Invaluable Guide”: The Commission’s Contribution to the Court’s Work
- 4 “An Inexhaustible Treasury of Experience”: The Court’s Influence on the Commission’s Work
- 5 Interaction beyond the Printed Page
- 6 Just a Disagreement between Friends: When the Court and the Commission Diverge
- 7 The Court and the Commission: A ‘Special Relationship’
- Book part
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
7 - The Court and the Commission: A ‘Special Relationship’
Published online by Cambridge University Press: 22 October 2024
- International Law-Making by the International Court of Justice and International Law Commission
- Cambridge Studies in International and Comparative Law: 187
- International Law-Making by the International Court of Justice and International Law Commission
- Copyright page
- Dedication
- Epigraph
- Contents
- Foreword
- Acknowledgments
- Abbreviations
- 1 Introduction
- 2 The International Court of Justice and the International Law Commission: Joined at the Hip
- 3 “An Invaluable Guide”: The Commission’s Contribution to the Court’s Work
- 4 “An Inexhaustible Treasury of Experience”: The Court’s Influence on the Commission’s Work
- 5 Interaction beyond the Printed Page
- 6 Just a Disagreement between Friends: When the Court and the Commission Diverge
- 7 The Court and the Commission: A ‘Special Relationship’
- Book part
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
By way of conclusion, this chapter seeks to provide an overall assessment of what draws the Court and the Commission together, and of the impact that their “special relationship” has produced. In pulling the threads together, it explains that the interaction between the two organs has turned out differently to that which was originally envisaged, and that the great weight accorded by each of them to the work of the other has challenged the exclusive basis of State consent for international law’s validity. In a legal system that remains heavily dependent on unwritten rules of customary international law that require authoritative determination, the ultimate result has been that the Court and the Commission together assume a public order role not foreseen for either of them by their founders.
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- Information
- International Law-Making by the International Court of Justice and International Law CommissionPartnership for Purpose in a Decentralized Legal Order, pp. 227 - 252Publisher: Cambridge University PressPrint publication year: 2024