National Courts, Domestic Democracy, and the Evolution of International Law: A Reply to Eyal Benvinisti and George Downs

Abstract

This reply to Benvinisti/Downs' article argues that instead of thinking of a grand overarching theory on the interjudicial cooperation between international courts and domestic courts, it is more appropriate to develop a regime-based analytical framework. Only in this way, is it possible to take the specific characteristics and configurations into account.

Keywords: interjudicial dialogue, international courts, domestic courts, international law, democracy