The Growing Complexity of the International Court of Justice’s Self-Citation Network

TLDR

The growth of the ICJ’s self‑citation network is driven by two factors. The authors used state‑of‑the‑art information extraction to identify 1,865 self‑citations in ICJ judgments, revealing that subject‑matter concentration and issue diversification drive the network’s growth. The ICJ’s self‑citation network has become increasingly complex, with more frequent and diverse citations that make litigation more complex and create new access‑to‑justice barriers, despite being an institutional achievement.

Abstract

Using state-of-the-art information extraction, this article identifies 1,865 references in judgments of the International Court of Justice (ICJ) between 1948 and 2013 to its own decisions or those of its predecessor. We find that the ICJ's self-citation network becomes increasingly complex. Citations are used more frequently, and precedents grow more diverse. Two drivers fuel this development. First, subject matter concentration clusters citations in 'classic' international law areas as the ICJ places increased emphasis on the legacy, expertise and predictability of its 'settled jurisprudence' in asserting its role among competing adjudicatory venues. Second, issue diversification expands citations as disputants increasingly craft their arguments around precedent, making ICJ litigation more common law-like. This translates into more complex litigation as precedent is predominantly used argumentatively to affect outcomes rather than ritualistically to pay tribute to past decisions. Although the growth of citations is an institutional achievement underscoring the Court's continued relevance, it also creates new access-to-justice barriers.