ABSTRACT

We cannot reasonably expect to get very far if we try to rationalise the law of today solely in the language of Article 38 of the Statute of the International Court of Justice, framed as it was in 1920. It too needs urgent rethinking and elaboration ... To use Article 38 as it stands, as we constantly do still, for the purposes of analysing and explaining the elements and categories of the law today has a strong element of absurdity.83