Title: What a Difference a Year Makes: The International Court of Justice's 2012 Jurisprudence
Abstract: An analysis of any particular decision of the International Court of Justice sometimes misses broader, cross-cutting themes that animate the Court's jurisprudence. This article, prepared for an April 2013 symposium at the European University Institute, Robert Schuman Centre for Advanced Studies, in Florence, explores a few of the themes that emerged from the Court's 2012 jurisprudence. With respect to sources of law, the Court's decisions confirm the enduring relevance of non-treaty sources of law, the enduring attraction of multilateral treaties for ascertaining customary rules, and the emergence of jus cogens as feature of the Court's jurisprudence, though perhaps the latter is more dazzling in theory than in practical application. Furthermore, the Court's decisions highlight the continuing structural difficulty for international law and institutions in coping with redress for harm to individuals. In light of these themes, the essay concludes by suggesting some implications for the future codification and progressive development of international law.