3 - The General Role of Teachings in the ICJ

Summary

This chapter discusses the weight of teachings in the ICJ generally, drawing the conclusion that teachings have generally low weight in the ICJ. Various patterns in the use of teachings are drawn on to support this conclusion. The most striking pattern is the contrast between majority opinions, which almost never cite teachings, and majority opinions, where many judges cite teachings. An attempt is made to explain this, with the most promising explanation being that this is part of the Court’s institutional culture. The Court’s use of teachings is also compared with the use of judicial decisions and works by the International Law Commission, which are generally assigned more weight than teachings. This is because of teachings do not have the official authority of those sources.