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  1. Home
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  3. Precedent in the World Court
  • Cited by 61
Publisher:
Cambridge University Press
Online publication date:
May 2010
Print publication year:
1996
Online ISBN:
9780511720840
DOI:
https://doi.org/10.1017/CBO9780511720840
Subjects:
UN and International Organisations, Public International Law, Law, International Relations and International Organisations
Series:
Hersch Lauterpacht Memorial Lectures (13)
Information

Book description

Decisions of the International Court of Justice are almost as replete with references to precedent as are decisions of a common law court. Even though previous decisions are not binding, the Court relies upon them as authoritative expressions of its views on decided points of law. In his book, the distinguished international lawyer Judge Shahabuddeen examines various aspects of this phenomenon. He shows the extent to which the Court is guided by its previous decisions, and discusses the way in which parties to cases are themselves guided by decisions of the Court in framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.

Reviews

"This book was writtern by an eminent author who was for nine years a judge at the International Court of Justice (and is now a member of the International Criminal Tribunal for the former Yugoslavia). The experience gained in that position, a solid knowledge of the entire case law of the present Court as well as its predecessor, the Permanent Court of International Justice, and a keen interest in theoretical problems have together contributed to an excellent work....The author's discussion goes well beyond the narrow question of the legal relevance of precedents. Many related problems are thoughtfully considered." Peter H. F. Bekker, The American Journal of International Law

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