A Formal Approach to Article 38(1)(d) of the ICJ Statute from the Perspective of the International Criminal Courts and Tribunals
Bibliographic Data
| ID | 12198520 |
|---|---|
| Authors | Aldo Zammit Borda (0000-0003-0685-3859, corresponding author) |
| Year | 2013 |
| Volume | 24 |
| Issue | 2 |
| Pages | 649-661 |
| Publication date | 2013-05-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/cht023 |
| OpenAlex | W2166240818 |
| Language | EN |
| Citations received | 4 |
This article offers an interpretation of Article 38(1)(d) of the ICJ Statute based on the formal pronouncements of international criminal courts and tribunals, distilled from their judgments. It considers that the qualification ‘subsidiary’ is meant neither to distinguish the means from the primary sources nor to denote ‘of lesser importance’. It further examines the verification process envisaged in ‘the determination of rules of law’, as well as the more direct impact of judicial decisions vis-à-vis the teachings of publicists
Criminal court · International law · Interpretation (philosophy · Perspective (graphical · Political science · Sociology · Statute · Statute of limitations · European and International Law Studies · International Arbitration and Investment Law · International Law and Human Rights · Mathematics · Law · Philosophy
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The Influence of Teachings of Publicists on the Development of International Law
| Citations per year | 0.36 |
|---|---|
| Citation span | 2015 - 2022 (8) |
| Highly cited | No |