4 - Variations between Works

Summary

This chapter argues that the weight of teachings in the ICJ varies between works. Some works are cited far more than others. The most-cited writers tend to men from Western countries. The judges frequently justify citations of teachings, by arguing that the teachings of high quality, that the writer is an expert, that the writer holds an official position, or that multiple writers agree. It is plausible to view this as factors that influence the weight of teachings. Explanations for why the judges distinguish between works is that they want to make their opinions authoritative, that they want to save time, and that they want to comply with the ICJ Statute Article 38(1). Finally it is argued that the variations between the weight of teachings shows that authority in international law is established through an informal, collective process.