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

paragraph 378 in volume 3, chapter 27, The Decision

previous paragraph

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…

Cite this page
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 17 February 2019 <>
First published online: 2017
First print edition: 20161001

▲   Back to top   ▲