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In Search Of Clarity: Non Liquet And International Law

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Chapter Summary

This chapter deals with the question of a decision-making non liquet, in which it will be explained that such a non liquet does not exist. It also deals with the more important, and contentious, issue of a systemic non liquet. The chapter sets out the various schools of thought on the subject, with brief comments on each. It discusses what has sometimes been presented as the foremost example of an actual non liquet: the World Court's advisory opinion of 1996 on the threat and use of nuclear weapons. The chapter explains that the Court's holding in that opinion did not, in reality, comprise a non liquet. Finally, some general thoughts will be offered on the current state of the international law in this area and on the broader issues that are at stake in the debate.

Keywords: international law; non liquet; World Court's advisory opinion

10.1163/ej.9789004175877.i-594.20
/content/books/10.1163/ej.9789004175877.i-594.20
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