III. THE LEGAL REASONING IN A JUDGMENT. SOME SPECIFIC PROBLEMS (1) Plan for the following discussion Since there are no provisions to decide our questions, we must look to other legal sources, first and foremost judgments and awards. Subsequently, the existence of any »general principles of law« in this field will be discussed. The discussion will first be concerned with new elements in the legal reasoning. In a later chapter the determination of facts will be dealt with. As far as the legal reasoning in a decision is concerned, the pres- ent work is an attempt to analyse the practice of the Permanent Court and the International Court in this matter. After relevant judgments have been considered, comparisons will be made with arbitral procedure. In dealing with the practice of the World Court, I will begin by commenting on certain narrow problems, because the solutions there are comparatively simple. This will also provide a better basis for a wider discussion of the problems. z (2) Abstention f rom disputing an assertion An omission of a party to argue a point of law advanced by the opposite side cannot limit the competence of the Court. This must be regarded
Nordic Journal of International Law – Brill
Published: Jan 1, 1962
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