A formal approach to Article 38(1)(d) of the ICJ Statute from the perspective of the International Criminal Courts and Tribunals

Borda, Aldo Zammit (2013) A formal approach to Article 38(1)(d) of the ICJ Statute from the perspective of the International Criminal Courts and Tribunals. European Journal of International Law. ISSN 0938-5428

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Abstract

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.

Item Type: Journal Article
Additional Information: Citation: Zammit Borda, A., 2013. A formal approach to Article 38(1)(d) of the ICJ Statute from the perspective of the International Criminal Courts and Tribunals. European Journal of International Law, 24(2), pp.649-661..
Faculty: Faculty of Arts, Law & Social Sciences
Depositing User: Mr I Walker
Date Deposited: 16 Dec 2013 14:37
Last Modified: 07 Jul 2016 12:51
URI: http://arro.anglia.ac.uk/id/eprint/306886

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