6 - Concluding Reflections

Summary

This chapter offers reflections on the results presented in the previous chapters. One section argues that while it is difficult to prove that teachings contribute to the development of international law, it seems probable that they do, including by influencing the ICJ when it contributes to the development of international law. The next section suggests how the Court's practice may be adjusted in potentially beneficial ways. The arguments are presented, in favour of increased transparency about the application of teachings, increased diversity in what teachings are applied, and increased regulation in how teachings are applied. These arguments must be balanced against significant counterarguments, and this must be done by the individual judge. A third section shows how the Court's practice compares with that of other international courts and tribunals. The Court's majority opinions are most similar to those of the International Tribunal for the Law of the Sea, while its individual opinions sit roughly in the middle of a spectrum between various institutions. The final section has ideas for future research.