국제사법재판소와 선례의 인용

The ICJ Statute explicitly rejects stare decisis of ICJ rulings. Yet, the Court’s citation of its own past decisions is consistently increasing. Thus, the study aims to clarify why and how the Court utilizes its own precedents, focusing on three objectives that ICJ wants to achieve by citing its precedents. First, ICJ tries to enhance the legitimacy of its rulings by citing its own precedents. When it anticipates strong resistance from states in dispute, the ICJ relies more on past rulings. Second, the Court aims to develop and consolidate legal principles and doctrines by citing its precedents. In cases where treaty law or customary international law is not yet clear, ICJ develops applicable legal principles and doctrines through its rulings and tries to consolidate them by consistently citing and reaffirming them. Third, the Court aims to secure its authority as a judicial body for the peaceful resolution of international disputes. By citing its own precedents, ICJ underscores that it has already made judgments on similar cases. With that, the Court aims to demonstrate its valid jurisdiction, legitimacy, and capacity to handle legal questions in specialized areas such as maritime, environmental, human rights-related disputes. The increasing influence of the Court’s precedents implies that potential plaintiffs to win a peaceful resolution of inter-state disputes need to equip even deeper expertise not just on written rules but also on the strategic aspects of the Court’s actual practice.