The ICJ as a 'Law-Formative Agency': summary and synthesis.
Research output: Contributions to collected editions/works › Contributions to collected editions/anthologies › Research
Authors
This chapter summarizes and synthesizes the main findings of the preceding chapters and spells out a number of propositions about the ICJ's role in the process of legal development. The broader argument emerging from the discussion is that the Court's role as a law-formative agency depends less on factors internal to its jurisprudence than on external variables: whether or not it wants to, the Court is influential where it is being provided with an opportunity regularly to pronounce on a particular area of law, where its pronouncements concern areas of law open to judicial development, and where it faces little or no competition by other agencies of legal development.
Original language | English |
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Title of host publication | The Development of International Law by the International Court of Justice |
Editors | Christian J. Tams, James Sloan |
Number of pages | 21 |
Place of Publication | Oxford, UK |
Publisher | Oxford University Press |
Publication date | 12.09.2013 |
Pages | 376-396 |
ISBN (print) | 9780199653218 |
ISBN (electronic) | 9780191747922 |
DOIs | |
Publication status | Published - 12.09.2013 |
Externally published | Yes |
- Law - international court of justice, international law, legal development