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"The Emergence of a Doctrine of de jure horizontal stare decisis at the Caribbean Court of Justice: Fragmentation or Pluralism of International Law?"

Haynes, Jason

Authors

Jason Haynes



Abstract

While the doctrine of stare decisis has in general received a great deal of scholarly attention over the years, one aspect of the norm which has been the subject of little, if any, doctrinal inquiry, however, is the emergence of a doctrine of de jure horizontal stare decisis at the international level, most notably by the Caribbean Court of Justice (CCJ), in the exercise of its original jurisdiction. By reference to the CCJs rapidly evolving jurisprudence, this article argues that, at the conceptual level, this development is unique to international law to the extent that the court’s reliance on precedents is pursuant to a treaty-mandate as opposed to a judicial strategy, but not at all very different in practice from the de facto approach to precedent which characterizes the jurisprudence of other international courts and tribunals. The question of whether the CCJs de jure approach to the treatment of precedents contributes in any way to the fragmentation or pluralism of international law is also addressed by this article.

Citation

Haynes, J. (2014). "The Emergence of a Doctrine of de jure horizontal stare decisis at the Caribbean Court of Justice: Fragmentation or Pluralism of International Law?". Journal of International Dispute Settlement, 5(3), 498-530. https://doi.org/10.1093/jnlids/idu010

Journal Article Type Article
Publication Date Jun 30, 2014
Deposit Date Jul 1, 2014
Journal Journal of International Dispute Settlement
Print ISSN 2040-3585
Electronic ISSN 2040-3593
Publisher Oxford University Press
Peer Reviewed Peer Reviewed
Volume 5
Issue 3
Pages 498-530
DOI https://doi.org/10.1093/jnlids/idu010
Public URL https://durham-repository.worktribe.com/output/1457553


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