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Precedent in the World Court: 13 (Hersch Lauterpacht Memorial Lectures, Series Number 13) - Hardcover
Synopsis
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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Review
"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
Book Description
In his book, the distinguished lawyer Judge Shahabuddeen shows the extent to which the International Court of Justice is guided by its previous decisions, creating a blend of consistency and flexibility in its judgments. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
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- PublisherCambridge University Press
- Publication date1996
- ISBN 10 0521563100
- ISBN 13 9780521563109
- BindingHardcover
- Number of pages268
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Hersch Lauterpacht Memorial Lectures: Precedent in the World Court Series Number 13
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