Chapter

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

Rudolf H Geiger

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0043
Customary International Law in the Jurisprudence of the International Court of Justice: A Critical Appraisal

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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

Chapter.  10750 words. 

Subjects: Public International Law

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