lunes, 25 de enero de 2010

back to the basics


Throughout this case it has been suggested, directly or indirectly, that humanitarian considerations are sufficient in themselves to generate legal rights and obligations, and that the Court can and should proceed accordingly. The Court does not think so. It is a court of law, and can take account of moral principles only in so far as these are given a sufficient expression in legal form. Law exists, it is said, to serve a social need; but precisely for that reason it can do so only through and within the limits of its own discipline. Otherwise, it is not a legal service that would be rendered.


South West Africa Cases (Ethiopia / Liberia v South Africa) [1966] ICJ Rep 6. p. 34. para. 49.

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