POLS30224 Lecture Notes - Lecture 6: Aouzou Strip, Hawar Islands, Pacta Sunt Servanda
19 Aug 2016
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Document Summary
The permanent court of international justice was created after wwi in 1920. Pcij was replaced by its successor, the international court of justice (icj) in 1944. Court"s rules stem from the civil law tradition (bona fides, pacta sunt servanda, lack of stare decisis, secular court) The optional clause - recognizing the court"s jurisdiction. Only about 30% of states actually do. States can make exceptions or reservations within the optional clause. Use the icj only when dispute arise out of this particular treaty. This is more common because would rather agree to a particular set of rules. Ad hoc: case-by-case method of solving disputes. Excluding disputes that occurred during a different time period. Icj has no precedent (because more like civil law) Reconciliation is more important than winning in islamic law. Civil law is more formal than common law. Icj is therefore more formal because it closely resembles civil law.
