In International Law: The Teachings of Prominent Jurists

While the doctrines of eminent international law scholars were historically regarded as a primary source of law in the formative centuries of international law, their authority gradually receded to a secondary role in the determination of legal norms due to evolving sovereign perspectives. In the first half of the twentieth century, international courts frequently exhibited limited engagement with such scholarly writings. However, the emergence of new international tribunals in recent decades has precipitated a marked shift: contemporary judicial practice increasingly references the works of distinguished jurists to delineate binding legal rules from non-binding principles. Nonetheless, certain courts, notably the International Court of Justice, maintain a cautious stance toward relying on juristic writings, a position rooted in subtle yet persistent theoretical currents within international legal thought. Beyond mere reference, the teachings of prominent scholars perform a crucial function: they infuse the body of international law with innovation, foster progressive development, and, in certain instances, actively contribute to the formulation of legal norms.