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Vol 21 No 11 Nov/Dec 2016

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Precedent in the World Court

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Mohamed ShahabuddeenInternational Court of Justice, The Hague

ISBN13: 9780521563109
ISBN: 0521563100
Published: January 1998
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Price on Application
Paperback edition , ISBN13 9780521046718



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.

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Contents:
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.

Series: Hersch Lauterpacht Memorial Lectures

Questions of Jurisdiction and Admissibility Before International Courts ISBN 9781107038790
Published December 2015
Cambridge University Press
£69.99
The United Nations Secretariat and the Use of Force in a Unipolar World: Power v. Principle ISBN 9781107407053
Published August 2012
Cambridge University Press
£24.99
Investment Treaty Arbitration: Judging Under Uncertainty ISBN 9781107022515
Published April 2012
Cambridge University Press
£57.00
Denial of Justice in International Law ISBN 9780521172912
Published June 2011
Cambridge University Press
£28.99
The United Nations Secretariat and the Use of Force in a Unipolar World: Power v. Principle ISBN 9780521194136
Published February 2010
Cambridge University Press
£44.99
Sovereignty, the WTO and Changing Fundamentals of International Law ISBN 9780521748414
Published March 2009
Cambridge University Press
£34.99
Recourse to Force: State Action Against Threats & Armed Attacks ISBN 9780521104203
Published February 2009
Cambridge University Press
£23.99
Precedent in the World Court
Mohamed ShahabuddeenInternational Court of Justice, The Hague
ISBN 9780521046718
Published December 2007
Cambridge University Press
£34.99
Sovereignty, the WTO and Changing Fundamentals of International Law ISBN 9780521860079
Published May 2006
Cambridge University Press
£89.99
Denial of Justice in International Law ISBN 9780521851183
Published September 2005
Cambridge University Press
£89.99
The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870-1960 ISBN 9780521548090
Published July 2004
Cambridge University Press
£64.99
The Gentle Civilizer of Nations: The Rise and Fall of International Law 1870-1960 ISBN 9780521623117
Published May 2003
Cambridge University Press
£139.99
Recourse to Force: State Action against Threats and Armed Attacks ISBN 9780521820134
Published December 2002
Cambridge University Press
£69.99
Self-determination of Peoples: A Legal Reappraisal ISBN 9780521637527
Published December 1998
Cambridge University Press
£49.99
Aspects of the Administration of International Justice ISBN 9780521463126
Published January 1991
Cambridge University Press
Out of print
Corporations in and Under International Law
Ignaz Seidl-HohenveldernUniversitat Wien, Austria
ISBN 9780521463249
Published January 1987
Cambridge University Press
Out of print