Precedent in the World Court
$58.99 (C)
Part of Hersch Lauterpacht Memorial Lectures
- Author: Mohamed Shahabuddeen
- Date Published: November 2007
- availability: Available
- format: Paperback
- isbn: 9780521046718
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Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when 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.
Read more- Analysis of the International Court of Justice by a distinguished judge of the Court
- Looks both at the development of the Court's practice, the current usage and possibilities for future development
- Author has a formidable reputation as a thinker, scholar and writer
Reviews & endorsements
"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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×Product details
- Date Published: November 2007
- format: Paperback
- isbn: 9780521046718
- length: 268 pages
- dimensions: 228 x 153 x 15 mm
- weight: 0.403kg
- availability: Available
Table of Contents
Foreword
Preface
List of abbreviations
1. Introduction
2. The growth of the Court's case law
3. Range of precedential resources
4. The bases of the system
5. The Advisory Committee of Jurists
6. The view taken by the League of Nations
7. The possibility of judge-made international law
8. Stare decisis
9. Distinguishing
10. Departing from a previous decision
11. Ratio decidendi and obiter dictum
12. Advisory opinions and decisions of chambers
13. The precedential impact of individual opinions
14. Effect and scope of the Court's case law
15. Conclusion
Index.
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