The Reception by the International Court of Justice of Decisions of Domestic Courts

Abstract:     
This paper examines the practice of the ICJ in its reception of decisions of national courts. It demonstrates that while the ICJ continues to recognize the formal separation between international law and domestic law, the practice of the Court is not based on a rigid dichotomy between the international and the domestic spheres. In particular cases, decisions of domestic courts play a role in judgments of the Court, not only as fact but also in terms of legal effects. Indeed, the dominant ‘decisions of domestic courts as facts’ doctrine fails to capture the variety of the ways in which the Court treats such decisions.

Number of Pages in PDF File: 31

Keywords: international law, international courts of justice, international courts, national courts

JEL Classification: K33

Accepted Paper Series