Abstract

CAVE SCHNOHR, Rose. A NEW APPROACH TO ART. 38 OF THE STATUTE OF THE INTERNATIONAL COURT OFJUSTICE. Rev. Fac. [online]. 2017, vol.8, n.1, pp.1-20. ISSN 1850-9371.

In order to achieve their purposes, institutions should match the times in which they operate. Notwithstanding its long existence, the United Nations Charter has only been subject to slight changes, and reforms have not touched upon some important aspects. As a principal organ, the International Court of Justice also requires a revision of its Statute, among other reasons, to verify whether articles relating to sources of law applicable to cases brought before it continue to meet XXI century's needs. In particular, whether its members' powers to interpret the law have become so flexible that their opinions might deeply affect its present jurisprudence. To this end, the paper centers on article 38, 1, c) of the Statute of the International Court of Justice.

Keywords : United Nations - International Court of Justice - Statute -Sources of law - Interpretation - Jurisprudence..

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