Statute, Article 38, Paragraph 1 (D): Subsidiary Means-GENERALITIES
(930 words)

paragraph 377 in volume 3, chapter 27, The Decision

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Article 38, paragraph 1 (d), refers to two separate matters which are not on the same footing, namely judicial decisions and the teachings of the most highly qualified publicists.1 Both of these are denominated subsidiary means for the determination of rules of law. Heads (a), (b) and (c) describe the various types of rules, from the point of view of legal theory, of which together international law is composed. Head (d) refers to an entirely different aspect, namely means for the determination of rules o…

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Malcolm N. Shaw, “Statute, Article 38, Paragraph 1 (D): Subsidiary Means-GENERALITIES”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 17 October 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0377>
First published online: 2017
First print edition: 20161001



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