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The International Court of Justice and the Judicial Function$
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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

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Justification and Authority

Justification and Authority

The Deliberative Process

(p.95) IV Justification and Authority
The International Court of Justice and the Judicial Function

Gleider I Hernández

Oxford University Press

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

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