A Fresh Look at the Issue of Non-Justiciability of Defence and Foreign Affairs

Leiden Journal of International Law, Vol. 23, No. 4, p. 938, 2010

16 Pages Posted: 4 Feb 2011

See all articles by Daniele Amoroso

Daniele Amoroso

University of Naples Federico II, Faculty of Law

Date Written: February 3, 2011

Abstract

For decades it has been authoritatively stressed that non-justiciability of defence and foreign affairs represents one of the major hurdles to the application of international law by domestic courts. Until now, however, international law scholarship seems to have overlooked two aspects of this issue. First, it has not been sufficiently highlighted that the international and the European community legal orders are progressively eroding the scope of application of these non-justiciability doctrines. Second, it has rarely been shown how judicial intervention in international matters can be prevented from turning into the ‘judicialization’ of foreign policy. Hence, ideally by moving along the path traced by those who have already dealt with this issue, the present work aims to analyse these two aspects in greater depth.

Keywords: Domestic Application of International Law, Non-Justiciability, Political Question Doctrine, State Responsibility

JEL Classification: K33

Suggested Citation

Amoroso, Daniele, A Fresh Look at the Issue of Non-Justiciability of Defence and Foreign Affairs (February 3, 2011). Leiden Journal of International Law, Vol. 23, No. 4, p. 938, 2010 . Available at SSRN: https://ssrn.com/abstract=1754784

Daniele Amoroso (Contact Author)

University of Naples Federico II, Faculty of Law ( email )

Via nuova marina, 33
Napoli, Naples 80100
Italy

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