An addition to the discussion on sources of International law: Position and importance of judicial practice
Lawyers who have acquired their legal education in countries that have a legacy of a European-Continental legal tradition, developed under the influence of Roman law, often have difficulty in understanding the logic of precedent law. In this regard, the position that the courts have in common law sy...
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| Format: | Article |
| Language: | srp |
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University of Belgrade - Faculty of Security Studies, Belgrade
2018-01-01
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| Series: | Godišnjak Fakulteta bezbednosti |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/1821-150X/2018/1821-150X1801481G.pdf |
| Summary: | Lawyers who have acquired their legal education in countries that have a legacy of a European-Continental legal tradition, developed under the influence of Roman law, often have difficulty in understanding the logic of precedent law. In this regard, the position that the courts have in common law systems is particularly interesting, and that is, in fact, their ability to create law. Consequently, court decisions in these legal systems simultaneously represent the legal rules which, when fulfilling the appropriate conditions, have to be applied. As the influence of the precedent doctrine in the International Court of Justice, through the judges coming from the preceding traditions is necessarily large, that is also the case with the role, that the precedent law has, when it comes to sources of International Law which the Court applies. And that influence has actually become much greater than it is provided for by the Statute of the International Court of Justice. That is why we consider, that an additional review of this phenomenon is important. Not only in order to understand better the legal reality, but also to better understand international law. International law, which is precisely because of the legal compromises that must be made in order to create international law in general, which imply the respect of all major legal traditions, is often subject to criticism, that, for various reasons, does not respect this wider social context, in which the very idea of international law is happening. |
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| ISSN: | 1821-150X 2683-5738 |