The International Court of Justice and Municipal Courts
An Inter-Judicial Dialogue
Abstract
Recent decades have brought international and municipal courts much closer together and induced meaningful cooperation. This holds true also for the International Court of Justice and domestic judicial institutions as they engage actively in an inter-judicial dialogue, particularly on the normative level. Due to the impact of globalisation and internationalisation, the World Court has expanded its jurisprudence to also accommodate references and analysis of external judicial organs and their pronouncements. Likewise, ICJ decisions are referred to and consulted by municipal courts as authoritative statements of international norms or assistance in fact determination.
This monograph examines this inter-judicial dialogue in a comprehensive manner by identifying and analysing all its aspects as evidenced in respective jurisprudence. Surprisingly, the mutual conversation in judicial decisions between the World Court and national judicial institutions has drawn little attention from international legal scholarship, and the book is designed to fill this lacuna.
Keywords
Municipal Courts;International Court Of Justice;International Law;Avena Case;LaGrand Case;International Court;ICJ Rule;Arrest Warrant Case;Municipal Judicial Decisions;Jurisdictional Immunities;Provisional Measures;International Humanitarian Law;Post-adjudicative Phase;Bosnia Genocide Case;Avena Judgment;ICJ Decision;North Sea Continental Shelf Cases;Sensu Largo;Nuclear Weapons Opinion;Advisory Opinions;Exclusive Economic Zone;Barcelona Traction Case;UK House;Western Sahara OpinionDOI
10.4324/9781032006901ISBN
9781000580532, 9781032006901, 9781032006895, 9781032006888, 9781000580518Publisher
Taylor & FrancisPublisher website
https://taylorandfrancis.com/Publication date and place
2022Grantor
Imprint
RoutledgeSeries
Routledge Research in International Law,Classification
Law and society, sociology of law
Public international law