2.4 Judicial Decision

Article 38(1)(d) — "subject to Article 59" (the no-stare-decisis clause: ICJ decisions bind only the parties to the case). Decisions as subsidiary means: the Permanent Court and ICJ corpus (Lotus, Chorzów, Nottebohm, Barcelona Traction, Nicaragua; the ICTY's Tadić custom findings), arbitral awards, and the modern tribunals (WTO Appellate Body, ITLOS, investment tribunals) — persuasive by reasoning; yet in practice ICJ lines harden into doctrine (erga omnes in Barcelona Traction; the genuine-link rule in Nottebohm), and precedent quietly operates through stabilité jurisprudentielle.