Statute, Article 38, Paragraph 1 (D): Teachings of PUBLICISTS
(997 words)

paragraph 378 in volume 3, chapter 27, The Decision

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With regard to the ‘teachings of the most highly qualified publicists’ (la doctrine des publicistes les plus qualifiés) of the various nations, both Courts are very reticent in direct citation of named publicists in support of any proposition of law. In the Lotus case some general remarks appear regarding the conclusions of doctrine on the point under discussion, but no writer was quoted by name.1 The matter was not mentioned again until the Nottebohm (Second Phase) case, when the present Court also referred…

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Malcolm N. Shaw, “Statute, Article 38, Paragraph 1 (D): Teachings of PUBLICISTS”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 19 August 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0378>
First published online: 2017
First print edition: 20161001



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