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An international court is an international organization, or a body of an international organization, that hears cases in which one party may be a state or international organization (or body thereof), and which is composed of independent judges who follow predetermined rules of procedure to issue binding decisions on the basis of international law.
The modern term "international law" was originally coined by Jeremy Bentham in his 1789 book Introduction to the Principles of Morals and Legislation to replace the older law of nations, a direct translation of the late medieval concepts of ius gentium, used by Hugo Grotius, and droits des gens, used by Emer de Vattel.
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
Do not capitalize distinct words like Act, Bill and Court as a form of special emphasis (see MOS:INSTITUTIONS). Any full title should be capitalized as usual, as in Aboriginal Land Rights Act 1976. [b] For Latin words and phrases, consider wiki-linking at the first appearance of the phrase, and using {} throughout: {{Lang|La|[[Nolo contendere]]}}.
Bowett, D W. The International court of justice : process, practice and procedure (British Institute of International and Comparative Law: London, 1997). Creamer, Cosette & Godzmirka, Zuzanna. "The Job Market for Justice: Screening and Selecting Candidates for the International Court of Justice", Leiden Journal of International Law (2017).
Under international law, this authority is part of the doctrine of comity. The court will invoke comity by its discretion and will usually look to two factors before using its discretionary powers: did the foreign court have jurisdiction, and were fair procedures used in adjudicating the case? Under English law, it is the doctrine of obligation.
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Recent developments in international law suggest that ratione materiae may remain available as a defence to prosecution for local or domestic crimes or civil liability, but it is not a defence to an international crime. (International crimes include crimes against humanity, war crimes, and genocide.)