The making of International Law
3 important questions on The making of International Law
Consent-based or consensual system
Two elements of 'hierarchy' in art. 38 ICJ
- Judicial decisions and writing of most qualified publicists are subsidiary sources and art. 59 says there is no precedent effect.
- there is an agreement that the general principles fill in gaps so custom and treaties are stronger sources (because of consent)
Presumption of binding force
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