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Max Planck Encyclopedia of Public International Law [MPEPIL]

Teachings of the Most Highly Qualified Publicists (Art. 38 (1) ICJ Statute)

Sir Michael Wood

Subject(s):
Customary international law — General principles of international law — Lex ferenda — Writings of publicists — Specific treaties

Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.

1 Art. 38 (1) (d) Statute of the International Court of Justice (‘ICJ Statute’; 145 BSP 832) provides that the International Court of Justice (ICJ) , whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply, among other things, the teachings of the most highly qualified publicists of the various nations, as a subsidiary means for the determination of rules of law. Art. 38 (1) ICJ Statute is generally accepted as an authoritative statement of the sources of international law . In the equally authentic French...
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