ПРАВЕН РЕЖИМ НА РЕШЕНИЯТА НА МЕЖДУНАРОДНИЯ СЪД НА ООН
LEGAL STATUS OF THE JUDGMENTS OF THE UN INTERNATIONAL COURT OF JUSTICE

Summary/Abstract: The judgment of the UN International Court of Justice (ICJ) does not have the legal effect of a judicial precedent because it is binding only upon the parties to the case and not the Court. According to Article 38(1)(d) of the Statute of ICJ the judgment is only a subsidiary means for the determination of the rules of law applicable to the case – conventions and custom. Although the ICJ has never treated its judgments as applicable law, the Court has always considered and even followed its previous judgments when deciding a new case. As a consequence the Court decides similar cases in similar manner, thus achieving consistency and uniformity of its jurisprudence

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