What are the principles of res judicata and stare decisis in international litigation?
Res judicata and stare decisis are two important principles in international litigation. Res judicata is a Latin term meaning "already judged." The concept behind res judicata is that a final judgment resolves an issue and bars any further litigation on the same issue in the same court. Res judicata is based on the principle of finality, which is intended to prevent courts from being overwhelmed by repeated litigation of the same issue. Stare decisis is also a Latin term that roughly translates to "to stand by what has been decided." Stare decisis is based on the idea that similar cases in the past have been settled similarly, and therefore that established precedent should be followed in any future similar cases. This means that the outcome of a previous case can be used as the basis for the decision in a present case, provided that the two cases have similar facts. In international litigation, both res judicata and stare decisis are important guiding principles. The international court system is complex and requires that each case is evaluated on its own merits. However, the principles of res judicata and stare decisis ensure that the court is able to consider past decisions and lawyer arguments when making its ruling in a case, thus creating a more efficient and consistent litigation system.
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