Precedent in the World Court

ISBN-13: 9780521563109 / Angielski / Twarda / 1996 / 268 str.

Mohamed Shahabuddeen; Mohamed Shahbuddeen; M. Shahabuddeen

Opis

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.

Recenzje

"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

Spis treści

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.