The Role of the ICJ in the Development of International Law
Absract In its normal practice the ICJ settles International disputes exclusively in accordance with International law and where there is an absence of law, it abstains to make new laws as to substantiate its decision. Beyond its primary function as to settle disputes between states however, the Cou...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2014-10-01
|
| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_158_b267c202d8003db5641f7c6ee0cffe13.pdf |
| _version_ | 1827385272045666304 |
|---|---|
| author | Homayoon Habibi Soodeh Shamloo |
| author_facet | Homayoon Habibi Soodeh Shamloo |
| author_sort | Homayoon Habibi |
| collection | DOAJ |
| description | Absract In its normal practice the ICJ settles International disputes exclusively in accordance with International law and where there is an absence of law, it abstains to make new laws as to substantiate its decision. Beyond its primary function as to settle disputes between states however, the Court is actively involved in the development of international law through its production of precedent. Development involves change and creativity which may not be obtained solely by applying positive law. The Court being conscious of its limits imposed both by its statute and general expectation of states, has somewhat diverted from rigid positive approach and has made attempt to fulfill its primary function without jeopardizing legal limits. It contributes in development of international law inter alia by teleological interpretation of existing rules. On the other hand, even though the characterization of precedent or stare decisis may not apply to the decisions of the ICJ, the Court constantly refers to its precedent and thereby has promoted the importance of its judgments from an auxiliary to a real source of international law. |
| first_indexed | 2024-03-08T15:18:47Z |
| format | Article |
| id | doaj.art-ef15dce210f64c878385913cf90e6b65 |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:18:47Z |
| publishDate | 2014-10-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-ef15dce210f64c878385913cf90e6b652024-01-10T10:49:29ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162014-10-01154171114158The Role of the ICJ in the Development of International LawHomayoon Habibi0Soodeh Shamloo1استادیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائیدانشجوی دکترای حقوق بین الملل دانشگاه آزاد اسلامی واحد علوم و تحقیقات، تهران – ایرانAbsract In its normal practice the ICJ settles International disputes exclusively in accordance with International law and where there is an absence of law, it abstains to make new laws as to substantiate its decision. Beyond its primary function as to settle disputes between states however, the Court is actively involved in the development of international law through its production of precedent. Development involves change and creativity which may not be obtained solely by applying positive law. The Court being conscious of its limits imposed both by its statute and general expectation of states, has somewhat diverted from rigid positive approach and has made attempt to fulfill its primary function without jeopardizing legal limits. It contributes in development of international law inter alia by teleological interpretation of existing rules. On the other hand, even though the characterization of precedent or stare decisis may not apply to the decisions of the ICJ, the Court constantly refers to its precedent and thereby has promoted the importance of its judgments from an auxiliary to a real source of international law.https://qjpl.atu.ac.ir/article_158_b267c202d8003db5641f7c6ee0cffe13.pdficjcourt decisionsjudicial precautionscommon lawjudicial law makinginternational law development |
| spellingShingle | Homayoon Habibi Soodeh Shamloo The Role of the ICJ in the Development of International Law Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī icj court decisions judicial precautions common law judicial law making international law development |
| title | The Role of the ICJ in the Development of International Law |
| title_full | The Role of the ICJ in the Development of International Law |
| title_fullStr | The Role of the ICJ in the Development of International Law |
| title_full_unstemmed | The Role of the ICJ in the Development of International Law |
| title_short | The Role of the ICJ in the Development of International Law |
| title_sort | role of the icj in the development of international law |
| topic | icj court decisions judicial precautions common law judicial law making international law development |
| url | https://qjpl.atu.ac.ir/article_158_b267c202d8003db5641f7c6ee0cffe13.pdf |
| work_keys_str_mv | AT homayoonhabibi theroleoftheicjinthedevelopmentofinternationallaw AT soodehshamloo theroleoftheicjinthedevelopmentofinternationallaw AT homayoonhabibi roleoftheicjinthedevelopmentofinternationallaw AT soodehshamloo roleoftheicjinthedevelopmentofinternationallaw |