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The International Court of Justice and the Judicial Function$
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Gleider I Hernández

Print publication date: 2014

Print ISBN-13: 9780199646630

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199646630.001.0001

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Normative Authority and the Adherence to Precedent by the Court

Normative Authority and the Adherence to Precedent by the Court

Chapter:
(p.156) VI Normative Authority and the Adherence to Precedent by the Court
Source:
The International Court of Justice and the Judicial Function
Author(s):

Gleider I Hernández

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199646630.003.0006

Using as a starting-point the series of cases involving Yugoslavia throughout the 1990s–2000s, this Chapter examines the Court's public declaration that it will adhere to a relatively strict rule of precedent. Examining critically the role and function of a rule of precedent within an organized legal system, this Chapter argues that adherence to its previous judgments by the Court represents both a claim to normative authority by the Court, in that its decisions are viewed as persuasive and rational statements of the law, and a systemic claim to safeguard the coherence of international law. The latter question is of particularly heightened importance in relation to the development of the international legal order.

Keywords:   Yugoslavia, adherence to precedent, stare decisis, non-absolute nature of rule of precedent, subsidiary sources of international law, coherence and stability in legal development, judicial function in safeguarding coherence

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