The Application of Teachings by the International Tribunal for the Law of the Sea
Permanent link
https://hdl.handle.net/10037/30890Date
2020-01-24Type
Journal articleTidsskriftartikkel
Peer reviewed
Author
Helmersen, Sondre TorpAbstract
Scholars have examined the role of ‘teachings’ (or ‘literature’, ‘doctrine’ or ‘scholarship’) in various international courts and tribunals, but never the International Tribunal for the Law of the Sea (ITLOS). This article analyses the general weight ITLOS judges assign to teachings, how the judges distinguish between more and less significant teachings, and how and why different judges use teachings differently. ITLOS judges generally seem to assign teachings low weight, albeit with some exceptions. Some teachings are seen as more important, on the basis of their quality and on the fact that multiple writers agree. Judges treat teachings somewhat differently, with Judge Laing being a significant outlier, responsible for roughly half of all citations.
Description
This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of International Dispute Settlement following peer review. The version of record Helmersen ST. The Application of Teachings by the International Tribunal for the Law of the Sea. Journal of International Dispute Settlement. 2020;11(1):20-46
is available online at: https://doi.org/10.1093/jnlids/idz024.
Publisher
Oxford University PressCitation
Helmersen ST. The Application of Teachings by the International Tribunal for the Law of the Sea. Journal of International Dispute Settlement. 2020;11(1):20-46Metadata
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