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An International Jurisprudence? The Operation of “Precedent” Across International Tribunals

Published online by Cambridge University Press:  08 March 2005

Nathan Miller
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Abstract

Amid the proliferation of international judicial and quasi-judicial bodies, worries about the possible fragmentation of international law are increasing. Such fears, however, may be misplaced. A close examination of the jurisprudence of nine international judicial bodies, looking specifically for instances of explicit reference to one another's decisions, shows the practice to be widespread, of variable frequency and covering both procedural and substantive issues. Taken in conjunction with other scholarship about the similar treatment of important doctrines across all (or most) bodies, this study suggests that unity, not fragmentation, may emerge from the proliferation of international courts and tribunals.

Keywords

international courts and tribunalsinternational judicial decisionsprecedent
Type
ARTICLES
Information
Leiden Journal of International Law , Volume 15 , Issue 3 , September 2002 , pp. 483 - 526
Copyright
© 2002 Kluwer Law International

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Footnotes

Dedicated to my father, for years of intellectual guidance and emotional support. This article would not have been possible without the generous support of Thomas M. Franck, Shelley Fenchel and the Center for International Studies of New York University School of Law. Thanks are also due to the Project on International Courts and Tribunals of the Center for International Cooperation at New York University.