The Application of Teachings by the International Court of Justice

The judges of the International Court of Justice use teachings when deciding cases, with three main patterns identified: low weight, varying between works and judges, and explanations for the patterns. This study fills a gap in the international legal literature and is essential reading for scholars and practicing international lawyers.

Format: Paperback / softback
Length: 272 pages
Publication date: 27 July 2023
Publisher: Cambridge University Press

The International Court of Justice (ICJ), widely recognized as the most authoritative court in international law, employs a range of teachings when making decisions in cases. This groundbreaking book is the first comprehensive exploration of the utilization of teachings within an influential international institution. It employs three distinct methodologies: a traditional legal analysis, an empirical analysis that counts the citations of teachings, and in-depth interviews with judges and staff. Through these methods, the book identifies three primary patterns regarding the weight accorded to teachings: teachings generally hold low importance, but this weight varies significantly between different works and individual judges.

To shed light on these patterns and provide explanations for their emergence, the book offers insights into the factors that influence the use of teachings. It compares the practices of the ICJ with those of other international courts and tribunals, offering valuable comparisons and contributing to a deeper understanding of the role of teachings in the realm of international law.

This study fills a significant gap in the international legal literature and is an essential resource for scholars and practicing international lawyers alike. By delving into the intricate dynamics of how teachings are employed in the ICJ's decision-making process, this book offers valuable insights into the broader realm of international legal scholarship and practice.

ISBN-13: 9781108928328