Non-Judicial Precedents
(818 words)

paragraph 19 in volume 1, chapter 2, The Establishment and Constitution of the Court

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The unhurried evolutionary nature of the Court’s practice and procedure and this functional (but not societal) continuity of the two Courts raise one important general question of principle, namely, that of the use of precedents, particularly those created by the League and by the Permanent Court in their mutual relations. In a striking passage in the UNAT advisory opinion the Court drew attention to the fact that where the Charter differs from the Covenant, where…

Cite this page
Malcolm N. Shaw, “Non-Judicial Precedents”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 16 January 2019 <>
First published online: 2017
First print edition: 20161001

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