Rule of Precedent and Rules on Precedent

@article{Ridi2021RuleOP,
  title={Rule of Precedent and Rules on Precedent},
  author={Niccolo Ridi},
  journal={International Procedure in Interstate Litigation and Arbitration},
  year={2021}
}
  • N. Ridi
  • Published 22 September 2020
  • Law
  • International Procedure in Interstate Litigation and Arbitration
The general assessment of the problem of the use of previous decisions in international adjudication usually starts from the many statements to the effect that ‘there is no rule of precedent in international law’. Reliance is mainly placed on specific statutory rules, starting from Article 38(1)(d) of the Statute of the International Court of Justice (ICJ), which is understood to authoritatively reflect the sources of international law and states that the Court ‘shall apply... judicial…