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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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The Natural Superiority of Courts

The Natural Superiority of Courts

Chapter:
(p.1040) The Natural Superiority of Courts
Source:
From Bilateralism to Community Interest
Author(s):

Mary Ellen 'Connell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0065

This chapter argues that the International Court of Justice (ICJ) as the court with the broadest jurisdiction and greatest expertise in international law should be the court of last resort for international law questions, especially with respect to such significant international legal doctrines as jus cogens. In light of significant errors by national courts in the interpretation and application of international law, the need for an expert body to correct errors and create unity seems evident. The ICJ certainly includes many of the most able international law specialists of our time, including Judge Bruno Simma.

Keywords:   International Court of Justice, international law, jus cogens

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