Also known as: teachings of highly qualified publicists · teachings of publicists · publicists · scholarly writings · doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A subsidiary means for the determination of rules of international law consisting of the scholarly writings of the most eminent experts from the various nations.
Select any source to read its text and confirm it supports the definition.
Tristan Thompson and an accomplice agree to rob a bank and then complete the robbery. An international tribunal consults leading scholars to determine whether the conspiracy merges into the completed felony under traditional common law principles applied as general principles of law. The court holds that the inchoate conduct merges, treating only the completed crime as the felony.
Talon Security contracts to buy a warehouse from Twin Rivers Bank. Before closing a fire destroys the building. An international tribunal consults leading scholars to decide whether equitable conversion shifts the risk to the buyer at contract formation under general principles of law. The court rules that the buyer must still pay the full price.
Tyler Taylor, a mid-level engineer at Torchlight Media, emails corporate counsel at his supervisor's direction seeking legal advice about pending litigation. An international tribunal consults leading scholars to determine the scope of attorney-client privilege as a general principle. The court holds the communications privileged even though Tyler is not a senior manager.
Tori Taylor buys land subject to a municipal height restriction. An international tribunal consults leading scholars to decide whether the zoning counts as a servitude under the Restatement as a general principle of law. The court rules that zoning and similar public land-use regulations are not servitudes.
Tonya Takahashi's will leaves property to her heirs. An international tribunal consults leading scholars to interpret whether the language creates a reversion in the transferor under general principles. The court holds that the doctrine of worthier title is abolished and creates no reversionary interest.
Tyrone Tran and two others agree to commit arson with the required intent but take no further steps. An international tribunal consults leading scholars to determine when conspiracy is complete under general principles of law. The court holds that the offense is complete upon the agreement alone.
They serve as a subsidiary means for determining rules of law under Article 38 of the ICJ Statute. Scholarly works such as treatises and journal articles help identify rules found in treaties, custom, and general principles. These writings are generally the best place to start researching an international law topic.
…actions enjoined by law but that in that case the mandamus ought not to issue if the report did not confer a legal right. That doctrine is not novel now advanced. It is true the mandamus now sought is not for performance of an act expressly enjoined by statute but to deliver a commission where the acts of Congress are…