International Law-Making by the International Court of Justice and International Law Commission Partnership for Purpose in a Decentralized Legal Order
Book contents
- International Law-Making by the International Court of Justice and International Law Commission
- Cambridge Studies in International and Comparative Law: 187
- International Law-Making by the International Court of Justice and International Law Commission
- Copyright page
- Dedication
- Epigraph
- Contents
- Foreword
- Acknowledgments
- Abbreviations
- 1 Introduction
- 2 The International Court of Justice and the International Law Commission: Joined at the Hip
- 3 “An Invaluable Guide”: The Commission’s Contribution to the Court’s Work
- 4 “An Inexhaustible Treasury of Experience”: The Court’s Influence on the Commission’s Work
- 5 Interaction beyond the Printed Page
- 6 Just a Disagreement between Friends: When the Court and the Commission Diverge
- 7 The Court and the Commission: A ‘Special Relationship’
- Book part
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
6 - Just a Disagreement between Friends: When the Court and the Commission Diverge
Published online by Cambridge University Press: 22 October 2024
Book contents
- International Law-Making by the International Court of Justice and International Law Commission
- Cambridge Studies in International and Comparative Law: 187
- International Law-Making by the International Court of Justice and International Law Commission
- Copyright page
- Dedication
- Epigraph
- Contents
- Foreword
- Acknowledgments
- Abbreviations
- 1 Introduction
- 2 The International Court of Justice and the International Law Commission: Joined at the Hip
- 3 “An Invaluable Guide”: The Commission’s Contribution to the Court’s Work
- 4 “An Inexhaustible Treasury of Experience”: The Court’s Influence on the Commission’s Work
- 5 Interaction beyond the Printed Page
- 6 Just a Disagreement between Friends: When the Court and the Commission Diverge
- 7 The Court and the Commission: A ‘Special Relationship’
- Book part
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
This chapter addresses in detail those rare occasions in which the Court and the Commission have adopted differing positions on the legal questions before them. In exploring both the potential for such disagreements and how they have been handled, the chapter shows that these instances attest to the strength of the inter-institutional relationship rather than undermine it. It also points out, however, that harmony comes at a cost.
Keywords
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- International Law-Making by the International Court of Justice and International Law CommissionPartnership for Purpose in a Decentralized Legal Order, pp. 191 - 226Publisher: Cambridge University PressPrint publication year: 2024