Judicial Dialogue in Multi-Level Governance: The Impact of the Solange Argument

THE PRACTICE OF INTERNATIONAL AND NATIONAL COURTS AND THE (DE-)FRAGMENTATION OF INTERNATIONAL LAW, pp. 185-215, Ole Kristian Fauchald and André Nollkaemper, eds., Hart Publishing, 2012

34 Pages Posted: 21 May 2009 Last revised: 29 Jan 2012

Date Written: May 19, 2009

Abstract

States increasingly 'contract out' their governmental authority in favour of international organizations. As a result, remedies available under domestic law to individuals and legal entities may no longer be available, leaving them without redress. (Domestic) courts have devised a method to react to such diminution of their jurisdiction, which at the same time comprises a message for various addressees and engages a dialogue on multiple levels. This method is shaped by the spirit and thrust of the argument the German Constitutional Court put forward in its Solange jurisprudence, and has the potential of fostering a harmonization of domestic and international law, as well as that of establishing a rudimentary normative hierarchy at the international level.

Keywords: relationship between international law and domestic law, judicial dialogue, international organizations

Suggested Citation

Tzanakopoulos, Antonios, Judicial Dialogue in Multi-Level Governance: The Impact of the Solange Argument (May 19, 2009). THE PRACTICE OF INTERNATIONAL AND NATIONAL COURTS AND THE (DE-)FRAGMENTATION OF INTERNATIONAL LAW, pp. 185-215, Ole Kristian Fauchald and André Nollkaemper, eds., Hart Publishing, 2012. Available at SSRN: https://ssrn.com/abstract=1407079

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

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