Precedent in Civil Law and International Law: An Overview

Abstract

Precedent is one of the main features of common law systems. It is the practice whereby decisions of higher courts are binding on lower courts in similar cases. But what is the status of precedent or decided cases of higher courts in Continental European countries where civil law system is followed? What is the practice of the International Court of Justice and the Panels as well as the Appellate Body of the WTO? The findings of this work are that in Continental Europe, especially France, Germany, and Spain, judicial decisions are not considered as a source of law in theory but it occurs as a practical matter. The practice of the International Court of Justice is that judicial decisions are not binding but are taken into consideration. The practice of Panels and Appellate Body of the WTO is similar to that of the World Court.

Keywords: Key Words: Precedent, civil law, common law, France, Germany, Spain, England, Pakistan, International Court of Justice, WTO, Panels, Appellate Body, practice of precedent in civil law.