paragraph 377 in volume 3, chapter 27, The Decision
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…