Chapter

Policy Considerations and the International Judicial Process

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0002
Policy Considerations and the International Judicial Process

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This chapter argues that there now exist two profoundly differing views on the nature of international law and the role of international courts. With certain notable exceptions, the majority of international lawyers from the United Kingdom represent one of those views, whereas the majority of international lawyers from the United States represent the other. These fundamental differences remain largely inarticulated and only partially perceived, and the arguments concerning ‘political disputes’ before the International Court of Justice provide an illustration of these uncommunicated differences.

Keywords: United Kingdom; United States; international law; international courts; lawyers; political disputes; International Court of Justice

Chapter.  13132 words. 

Subjects: Public International Law

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