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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal

Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal

Chapter:
(p.673) Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal
Source:
From Bilateralism to Community Interest
Author(s):

Rudolf H Geiger

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0043

In an international court consisting of judges educated in different legal cultures, the ways of approaching a legal question may be difficult to be reconciled. But this lack of agreement may also be caused by blurred standards by which the relevant legal norms are being sought. This is the subject of this article. Customary international law plays an important role in the jurisdiction of the ICJ. But the Court's openly proclaimed standards for establishing specific customary rules are quite different from how the Court really proceeds. The chapter tries to show what is probably the Court's ‘real’ method.

Keywords:   international courts, customary international law, customary rules, legal norms

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