JUDICIAL LAW-MAKING AS A FUNCTION OF THE INTERNATIONAL COURT OF JUSTICE
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 8
Abstract
This article deals with a theoretical and practical problem of recognizing judicial precedent as a formal source of international law. The author proves that the legislation of international justice bodies, in particular the UN International Court of Justice, are not only closely connected with law application, but also have independent significance. It is established that the importance of judicial legislation by international judicial institutions and its results are difficult to overemphasize, as from “auxiliary means of determining legal norms” judicial decisions have evolved into an effective tool for resolving international disputes improving the quality of international law. The results of judicial legislation are acts-regulations; case-law decisions; and rules of international instruments (convention on the Territorial Sea and the Contiguous Zone 1958 and UN Convention on the Law of the Sea 1982).
Authors and Affiliations
Inna Boyko
Keywords
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