Statute: Article 59
(3,608 words)

paragraph 385 in volume 3, chapter 27, The Decision

previous paragraph

By Article 59 of the Statute: ‘The decision of the Court has no binding force except between the parties and in respect of that particular case.’1No equivalent provision appeared in the draft statute of the Permanent Court prepared in 1920 by the Advisory Committee of Jurists. Article 59 was added during later debates in the Council of the League, together with the introductory words of Article 38, paragraph 1 (d), to provide directly what some delegations thought was implied indirectly by Article 63 (see chapter 26, §…

Cite this page
Malcolm N. Shaw, “Statute: Article 59”, 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

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