The Application of Teachings by the International Court of Justice
Seiten
2021
Cambridge University Press (Verlag)
978-1-108-84414-7 (ISBN)
Cambridge University Press (Verlag)
978-1-108-84414-7 (ISBN)
Helmersen examines the significance of teachings in the decision-making of judges at the International Court of Justice, suggests why judges do (or do not) use teachings, and compares how the Court's practice differs from other courts.
How do the judges of the International Court of Justice, the most authoritative court in international law, use teachings when deciding cases? This book is the first book-length examination of how teachings are used in an important international institution. It uses three different methodologies: a traditional legal analysis, an empirical analysis where citations of teachings are counted and interviews with judges and staff. Three main patterns are identified: teachings have generally low weight, but this weight varies between different works and between different judges. The book suggests explanations for the patterns it identifies, in order to contribute to understanding not only when and how teachings are used, but also why, and compares the Court's practice with that of other international courts and tribunals. This study fills a gap in the international legal literature and will be essential reading for scholars and practicing international lawyers.
How do the judges of the International Court of Justice, the most authoritative court in international law, use teachings when deciding cases? This book is the first book-length examination of how teachings are used in an important international institution. It uses three different methodologies: a traditional legal analysis, an empirical analysis where citations of teachings are counted and interviews with judges and staff. Three main patterns are identified: teachings have generally low weight, but this weight varies between different works and between different judges. The book suggests explanations for the patterns it identifies, in order to contribute to understanding not only when and how teachings are used, but also why, and compares the Court's practice with that of other international courts and tribunals. This study fills a gap in the international legal literature and will be essential reading for scholars and practicing international lawyers.
Sondre Torp Helmersen is Associate Professor and Vice Dean for Research at the Faculty of Law, UiT The Arctic University of Norway. He has published widely on the sources of international law and other topics in leading journals. Before entering academia he worked at the Norwegian Ministry of Foreign Affairs.
1. Introduction; 2. The ICJ statute article 38(1); 3. The general role of teachings in the ICJ; 4. Variations between works; 5. Variations between judges; 6. Concluding reflections; Appendices; Bibliography; Index.
| Erscheinungsdatum | 24.02.2021 |
|---|---|
| Reihe/Serie | Studies on International Courts and Tribunals |
| Zusatzinfo | Worked examples or Exercises |
| Verlagsort | Cambridge |
| Sprache | englisch |
| Maße | 157 x 235 mm |
| Gewicht | 544 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Strafrecht | |
| ISBN-10 | 1-108-84414-6 / 1108844146 |
| ISBN-13 | 978-1-108-84414-7 / 9781108844147 |
| Zustand | Neuware |
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