The Authority of Precedents in International Law
|Auteur||Karem CARDENAS YNFANZON|
|Directeur /trice||Marie-Laure Salles|
|Résumé de la thèse||
My PhD thesis puts forward a more comprehensive approach to precedents in international law, as a “relational experience” that supports its normative value in the field. It conceives precedents as prior decisions of international courts and tribunals, and their constraining effect as an expression of authority, not formally but socially-based and constantly being (re)shaped and gradually varying. Thereby, the authority of precedents is a voluntary deference or submission of international lawyers to prior decisions, socially experienced and enforced. More broadly, if it is how we use or practice international law and not its formal rules that determines what international law is within a society, then this thesis on the practice or experience of the authority of precedents will also provide important perspectives on international law itself. It will shed more light on how it works, how does that impact international lawyers’ practice, and ultimately, it will provide them (especially those engaged in its practice) with valuable tools to become more strategic players in the field.
|Délai administratif de soutenance de thèse||2024|