Law Applied
When deciding cases, the Court applies international law as summarised in Article 38 of the ICJ Statute provides that in arriving at its decisions the Court shall apply international conventions, international custom, and the "general principles of law recognized by civilized nations". It may also refer to academic writing ("the teachings of the most highly qualified publicists of the various nations") and previous judicial decisions to help interpret the law, although the Court is not formally bound by its previous decisions under the doctrine of stare decisis. Article 59 makes clear that the common law notion of precedent or stare decisis does not apply to the decisions of the ICJ. The Court's decision binds only the parties to that particular controversy. Under 38(1)(d), however, the Court may consider its own previous decisions.
If the parties agree, they may also grant the Court the liberty to decide ex aequo et bono ("in justice and fairness"), granting the ICJ the freedom to make an equitable decision based on what is fair under the circumstances. This provision has not been used in the Court's history. So far the International Court of Justice has dealt with about 130 cases.
Read more about this topic: International Court Of Justice
Famous quotes containing the words law and/or applied:
“Escalus. What do you think of the trade, Pompey? Is it a lawful trade?
Pompey. If the law would allow it, sir.
Escalus. But the law will not allow it, Pompey; nor it shall not be allowed in Vienna.
Pompey. Does your worship mean to geld and spay all the youth of the city?
Escalus. No, Pompey.
Pompey. Truly, sir, in my poor opinion they will to’t then. If your worship will take order for the drabs and the knaves, you need not to fear the bawds.”
—William Shakespeare (1564–1616)
“Standards of conduct appropriate to civil society or the workings of a democracy cannot be purely and simply applied to the Church.”
—Joseph Ratzinger (b. 1927)