The Politics of Precedent in International Law: A Social Network Application

Krzysztof J. Pelc

American Political Science Review, 2014, vol. 108, issue 3, 547-564

Abstract: The concept of precedent is fundamental to domestic courts, especially in Anglo-American common law systems, where judges are bound to the court’s past decisions. By contrast, precedent has no formal authority in international law. Legal scholars point to Article 59 of the International Court of Justice (ICJ) Statute in this respect, according to which international legal rulings are binding only on the parties in the dispute at hand, and have no bearing on matters outside of the case.

Date: 2014
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