Publıc Internatıonal Law I Deneme Sınavı Sorusu #1331679

When do courts get involved in determining the rules of law to create new rules?


When the State practice is non-existent

When a party makes an appeal

When a punishment is considered inadequate

When there have been no previous cases of pre-existing rule

When the legislation demands so


Yanıt Açıklaması:

When the State practice is either ambiguous, non-existent,
sparse, or contradictory, courts get involved in determining the rules of law in order to decide a legal issue and in this process they create new rules. Decisions rendered by the courts are of immense value; and in those cases where there is no preexisting
rule, these decisions become a direct source of law.

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