LEGAL STATUS OF THE JUDGMENTS OF THE UN INTERNATIONAL COURT OF JUSTICE Cover Image

ПРАВЕН РЕЖИМ НА РЕШЕНИЯТА НА МЕЖДУНАРОДНИЯ СЪД НА ООН
LEGAL STATUS OF THE JUDGMENTS OF THE UN INTERNATIONAL COURT OF JUSTICE

Author(s): Alexander Draguiev
Subject(s): Law, Constitution, Jurisprudence
Published by: Бургаски свободен университет
Keywords: UN International Court of Justice; applicable law; judgment; judicial precedent; Common law system; Roman law system

Summary/Abstract: The judgment of the UN International Court of Justice (ICJ) does not have the legal effect of a judicial precedent because it is binding only upon the parties to the case and not the Court. According to Article 38(1)(d) of the Statute of ICJ the judgment is only a subsidiary means for the determination of the rules of law applicable to the case – conventions and custom. Although the ICJ has never treated its judgments as applicable law, the Court has always considered and even followed its previous judgments when deciding a new case. As a consequence the Court decides similar cases in similar manner, thus achieving consistency and uniformity of its jurisprudence

  • Issue Year: XXV/2011
  • Issue No: 1
  • Page Range: 172-178
  • Page Count: 6
  • Language: Bulgarian