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Question Type

Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

A prior ICJ judgment between A and B identifies a customary navigation rule after examining State practice and opinio juris. In a later dispute between C and D, C says the judgment itself conclusively binds D despite D's nonparticipation. D says the whole judgment must be ignored. Which position is best?

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Neither: the reasoning may assist in identifying the rule, but the earlier judgment is not binding on D merely under Article 59. C is correct because every judgment is global legislation. The earlier judgment automatically supplies jurisdiction in the new dispute. The rule exists only if D purchases the judgment.

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