CiNii 図書 - Precedent in the world court

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.

Foreword
Preface
List of abbreviations
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
Index.

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Precedent in the world court

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