Practice question
An analyst cites an ICJ judgment but replaces its reasons with a dissent’s incompatible rationale and presents that rationale as the holding. What is the best source-use correction?
- Treat every opinion as one undifferentiated unanimous holding
- Identify the Court’s actual reasons and disposition, and accurately label any separate opinion
- Use only the longest text regardless of author
- Let the claimant choose whichever rationale becomes binding
- Assume every judicial statement decides every future case
Legal references
- ICJ Statute: https://legal.un.org/avl/pdf/ha/sicj/icj_statute_e.pdf; Articles 26-27,38(1)(d),56-60.
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