Beyond the res judicata doctrine: The nomomechanics of ICJ interpretation judgments
Jörg Kammerhofer
Abstract:Res judicata is a core belief of international law; the ICJ’s judgments are seen as final and without appeal, to doubt that is apparently equal to calling the entire international legal order into question. But the doctrine is not as absolute as the orthodoxy makes it out to be, neither as a matter of positive international law nor as a statement of legal theory. Even final judgements are not always final and appeals procedures and judicial review are not special in that they engage res judicata whereas regula… Show more
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