Among other things, Article 38 of the Statute of the International Court of Justice, refers to, subject…
Article 59 limits the binding effect of an ICJ decision to the parties and the particular case. Judicial decisions can nevertheless assist in identifying legal rules as…
Choose your answer
Among other things, Article 38 of the Statute of the International Court of Justice, refers to, subject to the provisions of Art.59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. Art.59 provides,
Answer and explanation
Correct answer D
Article 59 limits the binding effect of an ICJ decision to the parties and the particular case. Judicial decisions can nevertheless assist in identifying legal rules as subsidiary means under Article 38(1)(d); they do not become universally binding precedents.
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