The ICJ as a 'Law-Formative Agency': summary and synthesis.

Research output: Contributions to collected editions/worksContributions to collected editions/anthologiesResearch

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 languageEnglish
Title of host publicationThe Development of International Law by the International Court of Justice
EditorsChristian J. Tams, James Sloan
Number of pages21
Place of PublicationOxford, UK
PublisherOxford University Press
Publication date12.09.2013
Pages376-396
ISBN (print)9780199653218
ISBN (electronic)9780191747922
DOIs
Publication statusPublished - 12.09.2013
Externally publishedYes

    Research areas

  • Law - international court of justice, international law, legal development