The Reception by the International Court of Justice of Decisions of Domestic Courts
Rivista di Diritto Pubblico Italiano, Comunitario e Comparato, n. 15/2009
Amsterdam Center for International Law Working Paper Series
31 Pages Posted: 3 Dec 2009
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.
Keywords: international law, international courts of justice, international courts, national courts
JEL Classification: K33
Suggested Citation: Suggested Citation