Jump to ContentJump to Main Navigation
The International Court of Justice and the Judicial Function$
Users without a subscription are not able to see the full content.

Gleider I Hernández

Print publication date: 2014

Print ISBN-13: 9780199646630

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199646630.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 October 2020

Justification and Authority

Justification and Authority

The Deliberative Process

Chapter:
(p.95) IV Justification and Authority
Source:
The International Court of Justice and the Judicial Function
Author(s):

Gleider I Hernández

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199646630.003.0004

In this Chapter, the Court's deliberative and drafting processes are considered. The collective character of the process, designed to bring heightened authority to the Court's judgments, is analysed critically, so as to demonstrate the public commitment to reasoned and rational judgments made by the Court. Moreover, the important right to dissent or append an individual opinion is also considered, from the perspective of the Court developing international law.

Keywords:   Collective drafting process, judicial deliberation, commitment to rationality, obligation to give reasons, development of international law, right to dissent, form and length of individual opinions

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .