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Part IV Contemporary Issues in International Adjudication, Ch.23 The Spell of Precedents: Lawmaking by International Courts and Tribunals

Armin von Bogdandy, Ingo Venzke

From: The Oxford Handbook of International Adjudication

Edited By: Cesare P R Romano, Karen Alter, Yuval Shany

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 07 December 2021

Precedent — Judgments — International criminal law — International economic law — Law of the sea
This chapter discusses the lawmaking dimension of international adjudication. It starts from the observation that the stark quantitative increase in international adjudication over the past two decades has gone hand in hand with a change in quality. Now more so than before, international courts and tribunals contribute to the making of international law by weaving webs of precedents, imbuing treaties with meaning, and by generally establishing new reference points for legal argument. This is easy to see in some key fields of international law. Whoever wants to...
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