Judicial decisions and the writing of jurists there is no binding precedent under international law. The decisions of the I.C.J. have no force “except between the parties and in respect of that particular case”. However, the court refers, in fact, to previous judgments; and it can refer also to national judgments when they are considering matters of international law.

The writing of academics are of use only in as much as they develop thinking in new areas of law or as states refer to their writing in support of their position.