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Books > Law > International law > Public international law > Treaties & other sources of international law
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Failings of the International Court of Justice (Hardcover)
Loot Price: R4,593
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Failings of the International Court of Justice (Hardcover)
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Failings of the International Court of Justice critically examines
the jurisprudence of the International Court of Justice. Even
though the legal instrument that establishes the Court provides
that its judgments have no formal precedential value, those
judgments are treated as authoritative by international lawyers
throughout the world. In this book, A. Mark Weisburd argues that
the Court's decisions are, in a large minority of cases, poorly
reasoned and doubtful as a matter of law, and therefore ought not
to be accorded the deference they receive. The book seeks to
demonstrate its thesis by a careful review of the Court's errors.
It begins with an examination of the law that created and empowered
the Court. It then describes the body of law upon which the Court
was intended to base its decisions, and the mistakes in the
arguments supporting the Court's drawing legal rules from other
sources. The book goes on to analyze in detail cases in which the
Court has made serious legal errors, first addressing procedural
errors, then turning to mistakes in the application of substantive
international law. The book closes with a quantitative summing up
of the Court's performance, and a tentative explanation for its
relatively disappointing record.
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