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

See all articles by Andre Nollkaemper

Andre Nollkaemper

University of Amsterdam - Amsterdam Center for International Law

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.

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

JEL Classification: K33

Suggested Citation

Nollkaemper, Andre, 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. Available at SSRN: https://ssrn.com/abstract=1515747

Andre Nollkaemper (Contact Author)

University of Amsterdam - Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

HOME PAGE: http://home.medewerker.uva.nl/p.a.nollkaemper/

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