Правен режим на решенията на Международния съд на ООН

Abstract

The judgment of the UN International Court of Justice (ICJ) does not have the legal effect of a judicial precedent because it is binding only upon the parties to the case and not the Court. According to Article 38(1)(d) of the Statute of ICJ the judgment is only a subsidiary means for the determination of the rules of law applicable to the case – conventions and custom. Although the ICJ has never treated its judgments as applicable law, the Court has always considered and even followed its previous judgments when deciding a new case. As a consequence the Court decides similar cases in similar manner, thus achieving consistency and uniformity of its jurisprudence.