Judicial Precedent and its Authority Under International Law

Abstract

This article focuses on the Judicial Precedent and its authority under International Law. In this context, the historical background and actual authority of precedent in England and USA is analyzed. While the existence of binding precedent in International law remains a point of continuous debate, countries observably behave in a manner consistent with its existence. By analyzing the practices of international criminal court (ICC) and tribunals, such as, ICTR and ICTY, it argues that judicial decisions at International level are not binding. Further, this work discusses the practice of International Court of Justice (ICJ) in detail. It concludes that there is no formal binding precedent in International law and judicial decisions of the World Court are not binding but are taken into consideration by States. Finally, it argues that the precedent in World Court has developed International law and has significant place in international adjudication.