One liner notes on Public International Law: Part 16

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 16

·        Article 38(1)(d) forms part of the material source of International Law also known as the secondary source.

·        Article 38(1)(d) states that judicial decisions and the teachings of the most highly qualified publicists of the various nations also help in guiding the formation of international law, however they are not binding but merely advisory in nature.

·        The court is authorised to apply previous decisions of the court which are also known as an evidence of international law.

·        Judicial Decision is subject to the exception stated under Article 59 of the statute which states that the previous decision of the court can only guide the court, it is not binding on the court.

·        One of the major examples of this includes the principle of the prohibition against the use or threat of use of force laid down by the court in the case of Nicaragua vs. USA which is now considered as a part of Customary International Law.

·        The judicial decision of the court also encompasses international arbitral awards and the rulings of national courts.

·        Alabama Claims arbitration, which marked the opening of a new era in the peaceful settlement of international disputes, in which increasing use was made of judicial and arbitration methods in resolving conflict.

·        In Island of Palmas case it has been referred that a unanimous or nearly unanimous decision plays an important role in the progressive development of the law.

·        Unanimous or nearly unanimous decision helps in providing a single view for interpretation of the issue at hand which helps in avoiding controversy during the development of International Law.

 

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