The Application of Teachings by the International Court of Justice

Sondre Torp Helmersen

• Publisher: Cambridge University Press
• Year: 2021
• Print ISBN:
  9781108844147
• eBook ISBN:
  9781108945950
• Topic: Law
• Subtopic: International Law
• Index: Law

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.

Table of contents

• Cover
• Half-title page
• Series page
• Title page
• Copyright page
• Contents
• List of Figures
• List of Tables
• Foreword
• Preface
• Table of Cases
• Table of Treaties
• List of Abbreviations
• 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
• Appendix 1 The Forty Most-Cited Writers
• Appendix 2 Citations Per Judge
• Appendix 3 Judges Engaging with Teachings
• Appendix 4 Citations Per Judge (PCIJ)
• Appendix 5 Judges’ Citations Compared to Pleadings
• Appendix 6 Most-Cited Writers in Pleadings
• Bibliography
• Index