History of Article 38 of the Statute of the International Court of Justice

Queen Mary School of Law Legal Studies Research Paper No. 232/2016

This Chapter is in Samantha Besson and Jean d'Aspremont (eds): The Oxford Handbook of Sources of International Law (Oxford University Press, 2017 Forthcoming)

31 Pages Posted: 4 May 2016

See all articles by Malgosia Fitzmaurice

Malgosia Fitzmaurice

Queen Mary University of London, School of Law

Date Written: May 3, 2016

Abstract

This contribution to the Handbook presents and analyses history of Article 38 of the Statute of the International Court of Justice (the ‘ICJ’ or the ‘Court’). History of Article 38 is the starting point leading to reflections on how as it stands at present. Therefore, the main theme of this Chapter is to look at sources of international law through prism of their historical development. Such an approach also includes contenders to ‘new’ sources (acts of international organisations, unilateral acts of States, soft law) which have emerged long after the twelve ‘wise men’ (at times ‘angry twelve men’) of the Committee of Jurists have completed their task of drafting of this Article.

Suggested Citation

Fitzmaurice, Malgosia, History of Article 38 of the Statute of the International Court of Justice (May 3, 2016). Queen Mary School of Law Legal Studies Research Paper No. 232/2016. Available at SSRN: https://ssrn.com/abstract=2774354

Malgosia Fitzmaurice (Contact Author)

Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, WC2A 3JB
United Kingdom

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