Precedent in the World Court

Study by a distinguished judge of the role of precedent in the World Court.

Mohamed Shahabuddeen (Author)

9780521563109, Cambridge University Press

Hardback, published 25 July 1996

268 pages
23.6 x 15.8 x 2.3 cm, 0.545 kg

"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

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.

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.

Subject Areas: International courts & procedures [LBHG]