Reconstructing the doctrine of <i>stare decisis</i> as a stabiliser in the development of international legal norms

Abstract

International law in contemporary times has expanded in range, substance, depth and technique. This is a fallout of the burgeoning and equally expanding albeit complex inter-state relations of the modern era. Given the role of law as a stabilising index of man’s quest for order and peace in his interaction both as a person and in his corporate manifestation as a state; norm creation, interpretation and or application becomes a veritable path towards actualising this desire. However, norms are not self-interpreting, thus necessitating the establishment of institutions charged with this onerous but alluring function. The multiplicity of these institutions across both supranational and regional lines with their variegated jurisdictions and jurisprudence has in turn created an anxiety as to the unity of legal norms that they espouse. Given the near perfect unity that exist in the interpretation of legal norms at the domestic level, using the doctrine of stare decisis, this paper x-rayed the prospects of reconstructing the doctrine at the international level with a view to making it a stabilizer in the development of international legal norms. Such a reconstruction holds the key to stability of legal norms at international law. The doctrinal method was relied upon in this essay.

Keywords: Reconstructing, Stare Decisis, Stabilizer, Development, International, Legal norms