PO333 Lecture Notes - Lecture 3: United Nations General Assembly, Opinio Juris Sive Necessitatis, International Law Commission
Document Summary
General principles of law found in international law. Principle of legality (no retroactive application of law) The decision of the court has no binding force except between the parties and in respect of that particular case . Stare decisis: half of the doctrine of precedent, follow decisions of higher court, all other courts have to adjust there thinking because the supreme court has said so (top down) Most horrific international crimes: genocide, crimes against humanity, war crime. D. judicial decisions, and the teachings, of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. That means international courts can refer to: A) previous judicial decisions of international law and municipal courts such as: Decisions on the international court of justice. Decisions of other international tribunals such as the international criminal court and the international tribunal for the law of the sea. Decisions of national courts on questions of international laws.
