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Max Planck Encyclopedia of Public International Law [MPEPIL]

Stare decisis

Guido Acquaviva, Fausto Pocar

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 24 May 2022

Subject(s):
Customary international law — Stare decisis — International organizations, practice and procedure — Rule of law

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 According to the doctrine of stare decisis, also expressed as stare rationibus decisis, a court is to follow accepted and established legal principles set out in previous cases decided by the same court as well as by other courts of equal or higher rank in respect of litigated and necessarily decided issues (as opposed to obiter dicta; Obiter Dictum). The doctrine is one of the means by which a legal system ensures its own internal uniformity, coherence, and predictability in the application of the law. At the same time, it does not preclude the possibility of...
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