Zammit Borda - Formal Approach to 38(1)(d) EJIL.pdf (289.09 kB)
A Formal Approach to Article 38(1)(d) of the ICJ Statute from the Perspective of the International Criminal Courts and Tribunals
journal contribution
posted on 2023-07-26, 13:30 authored by Aldo Zammit BordaThis 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.
History
Refereed
- Yes
Volume
24Issue number
2Page range
649-661Publication title
European Journal of International LawISSN
1464-3596External DOI
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Oxford University PressFile version
- Published version
Language
- eng
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Legacy posted date
2013-12-16Legacy creation date
2022-02-17Legacy Faculty/School/Department
ARCHIVED Faculty of Arts, Law & Social Sciences (until September 2018)Usage metrics
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