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The Application of Teachings by the International Court of Justice


Part of Studies on International Courts and Tribunals

  • Date Published: March 2021
  • availability: Available
  • format: Hardback
  • isbn: 9781108844147

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About the Authors
  • 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.

    • Fills a gap in the international legal literature
    • Contributes to understanding not only when and how teachings are used, but also why
    • Draws on interviews with judges and staff at the International Court of Justice
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    Product details

    • Date Published: March 2021
    • format: Hardback
    • isbn: 9781108844147
    • length: 256 pages
    • dimensions: 235 x 157 x 21 mm
    • weight: 0.544kg
    • availability: Available
  • Table of Contents

    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

  • Author

    Sondre Torp Helmersen, Universitetet i Tromsø, Norway
    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.

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