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The Binding Nature Of The Decisions Of The International Court Of Justice

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Chapter Summary

This chapter explores the binding nature of decisions of the International Court of Justice (ICJ), by (1) revisiting the formal basis of their binding effect in present-day international law, (2) explaining the connection between the binding nature and the function of the Court as a judicial body that settles disputes on the basis of law, that is to say by justifying the binding nature from a functional perspective in relation to the parties to a dispute, (3) explaining the binding nature from an institutional perspective, that is to say in terms of the position of the Court in the international legal order in general, and (4) venturing into the connection between the binding nature of the Court's decisions and legal pluralism in the multicultural world of international law.

Keywords: International Court of Justice (ICJ); international law; Security Council



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