The Application of Teachings by the International Court of Justice

Sondre Torp Helmersen (Universitetet i Tromsø, Norway)

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English

Cambridge University Press
27 July 2023

International relations; Public international law; International organisations & institutions; International criminal law; Criminal law & procedure

Series: Studies on International Courts and Tribunals

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.

By: Sondre Torp Helmersen (Universitetet i Tromsø Norway)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Weight: 401g
ISBN: 9781108928328
ISBN 10: 1108928323
Series: Studies on International Courts and Tribunals
Pages: 272
Publication Date: 27 July 2023
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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; Appendices; Bibliography; Index.

Sondre Torp Helmersen is Associate Professor and Vice Dean for Research at the Faculty of Law, UiT The Arctic University of Norway. He has published widely on the sources of international law and other topics in leading journals. Before entering academia he worked at the Norwegian Ministry of Foreign Affairs.