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Precedent in the World Court (Hersch Lauterpacht Memorial Lectures)
 
 
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Precedent in the World Court (Hersch Lauterpacht Memorial Lectures) [Hardcover]

Mohamed Shahabuddeen (Author)

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Book Description

0521563100 978-0521563109 September 13, 1996
Although precedent in the International Court of Justice is not binding, the Court relies on its previous judgments as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when 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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Editorial Reviews

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

Although precedent in the International Court of Justice is not binding, the Court relies upon its previous judgements as authoritative expressions of its views. In this book, Mohamed Shahabuddeen, a judge in the International Court of Justice, shows the extent to which the Court is guided by previous decisions, and how parties to cases themselves use the Court's decisions when 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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Inside This Book (learn more)
First Sentence:
'Judicial decisions', said Hersch Lauterpacht, 'particularly when published, become part and parcel of the legal sense of the community. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
precedential influence, des diverses branches, sources formelles, rationes decidendi, joint dissenting opinion, permanent court, justice internationale, ratio decidendi, precedential force, abundant caution, precedential weight, advisory proceedings, precedential effect, maritime delimitation, international justice, precedential authority, preliminary objections, fisheries jurisdiction, principal judicial organ, substantive authority, separate opinion, accordance with international law, droit international public, precedential value, qualified publicists
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United Nations, South West Africa, Continental Shelf, Barcelona Traction, World Court, League of Nations, Libyan Arab Jamahiriya, New York, Aerial Incident, House of Lords, Nuclear Tests, Hersch Lauterpacht, Second Phase, General Assembly, United States of America, Peace Treaties, Certain Norwegian Loans, Charles De Visscher, South Africa, Edvard Hambro, Certain German Interests, Polish Upper Silesia, Sir Gerald Fitzmaurice, Temple of Preah Vihear, Free Zones
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