Chapter

The Natural Superiority of Courts

Mary Ellen 'Connell

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/9780199588817.003.0065
The Natural Superiority of Courts

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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

Chapter.  7750 words. 

Subjects: Public International Law

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