Precedent in the World Court by Mohamed Shahabuddeen

Precedent in the World Court by Mohamed Shahabuddeen

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Summary

In his book, the distinguished lawyer Judge Shahabuddeen shows the extent to which the International Court of Justice is guided by its previous decisions, creating a blend of consistency and flexibility in its judgments. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.

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Precedent in the World Court by Mohamed Shahabuddeen

Decisions of the International Court of Justice are almost as replete with references to precedent as are decisions of a common law court. Even though previous decisions are not binding, the Court relies upon them as authoritative expressions of its views on decided points of law. In his book, the distinguished international lawyer Judge Shahabuddeen examines various aspects of this phenomenon. He shows the extent to which the Court is guided by its previous decisions, and discusses the way in which parties to cases are themselves guided by decisions of the Court in framing and presenting their cases. He also traces the possibilities for future development of the system. Judge Shahabuddeen's analysis of the Court is a major contribution to this important subject.
This book was writtern by an eminent author who was for nine years a judge at the International Court of Justice (and is now a member of the International Criminal Tribunal for the former Yugoslavia)The experience gained in that position, a solid knowledge of the entire case law of the present Court as well as its predecessor, the Permanent Court of International Justice, and a keen interest in theoretical problems have together contributed to an excellent work....The author's discussion goes well beyond the narrow question of the legal relevance of precedents. Many related problems are thoughtfully considered. Peter H. F. Bekker, The American Journal of International Law

Judge Mohamed Shahabuddeen served as a Judge of the International Criminal Tribunal for the former Yugoslavia from June 1997 to November 2005; normally in the Appeals Chamber, and was Vice-President of the Tribunal from 1997 to 1999, and again from 2001 to 2003. He has also served as a Judge at the
International Criminal Tribunal for Rwanda (Appeals Chamber) from 1997 to 2005, and a Judge of the Permanent Court of Arbitration, since 1998. Previously he had served as a Judge at the International Court of Justice from 1988 to 1997, and has worked as an Arbitrator and Consultant in international
law. Prior to this he had occupied many judicial and governmental positions in Guyana, including those of Attorney General and Minister of Legal Affairs. He is a member of the Institut de droit international and of the Societe francaise de droit international.
SKU Unavailable
ISBN 13 9780521046718
ISBN 10 0521046718
Title Precedent in the World Court
Author Mohamed Shahabuddeen
Series Hersch Lauterpacht Memorial Lectures
Condition Unavailable
Binding Type Paperback
Publisher Cambridge University Press
Year published 2007-11-06
Number of pages 268
Cover note Book picture is for illustrative purposes only, actual binding, cover or edition may vary.