Under Article 38(1)(d) ICJ Statute, JUDICIAL DECISIONS are 'subject to the provisions of Article 59'. Article 59 ICJ Statute provides that:
Answer & Solution
Correct answer: B.
1. Article 59 ICJ Statute: 'The decision of the Court has no binding force except between the parties and in respect of that particular case.'
2. This rejects formal STARE DECISIS in international law — the ICJ is not bound by its own prior judgments.
3. In practice, the Court strives for consistency and refers to its prior judgments extensively (de facto persuasive authority — 'jurisprudence constante').
4. Article 38(1)(d) refers to judicial decisions as a SUBSIDIARY means for determining the law.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — ICJ Statute Article 59_
Related questions
In the ASYLUM CASE (Colombia v Peru), 1950 ICJ Rep 266, the ICJ addressed the question of The doctrine of 'RESPONSIBILITY TO PROTECT' (R2P), adopted by the World Summit in 2005, reArticle 25 UN Charter establishes that decisions of the SECURITY COUNCIL are:Under Article 31(3) VCLT, in addition to context, the following shall be taken into accounThe MOON TREATY 1979 (Agreement Governing the Activities of States on the Moon and Other CUnder Article 5 of the CONVENTION AGAINST TORTURE 1984 (CAT), each State Party shall take EXTRADITION (the formal surrender of a fugitive by one State to another for prosecution orThe RIGHT OF INNOCENT PASSAGE through the territorial sea (Articles 17-32 UNCLOS) means pa