The Methodology of Judicial Notice in the Development of International Law
Author: Amos O. Enabulele
Publisher: Amos Enabulele
Published: 2022-12-12
Total Pages: 280
ISBN-13: 978596387X
DOWNLOAD EBOOKThis book focuses on how international courts create international law through judicial notice by showing that judicial notice enables international courts to assume the establishment of the law beyond any further factual inquiry. It seeks to show that judicial notice has been the latent but effective tool by which international courts contribute to the development of Customary international law and general principles of international law . It argues that judicial notice accelerates the maturation of embryonic customary international law, coverts principles accepted by international courts and tribunals (as general principles of international law) into mandatory rules of customary international law, and obviates the requirement of proving that the rule had existed in the practice and opinio juris of States. It also demonstrates that general principles of international law, as applied by international courts and tribunals are the result of the working of judicial notice, as demonstrated in such languages of the International Court of Justice, as “nor is the court aware of a uniform and widespread State practice”; the court “recalls the rule”; and “according to well-established jurisprudence”. The book argues that these instances are only a few occasions that the court took judicial notice of the existence or non-existence of rules.
