Beyond Dispute: International Judicial Institutions as Lawmakers

German Law Journal, Vol. 12, No. 5, pp. 979-1003, 2011

26 Pages Posted: 17 Nov 2011

See all articles by Armin von Bogdandy

Armin von Bogdandy

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law

Ingo Venzke

University of Amsterdam - Amsterdam Center for International Law

Date Written: November, 15 2011

Abstract

The increasing number of international judicial institutions, producing an ever‐growing stream of decisions, has been one of the dominant features of the international legal order of the past two decades. The shift in quantity has gone hand in hand with a transformation in quality. Today, it is no longer convincing to only think of international courts in their role of settling disputes. While this function is as relevant as ever, many international judicial institutions have developed a further role in what is often called global governance. Their decisions have effects beyond individual disputes. They exceed the confines of concrete cases and bear on the general legal structures. To us, this role of international adjudication beyond the individual dispute is beyond dispute.

This contribution introduces a broader research project on international judicial lawmaking. The project's aim is three‐fold. It first seeks to contribute to a better understanding of international judicial lawmaking and the challenges it raises for prevailing narratives of legitimation in international law. This mainly requires conceptual work and theoretical reflection. Second, it examines instances of lawmaking by particular institutions in closer detail. Such analyses will show that these institutions portray different dynamics and face different problems. Third, it proposes ideas about how to react to problems in the legitimation of judicial lawmaking and it makes suggestions as to how to develop the law accordingly. The task for the present contribution is to introduce the problématique and overall framework.

Keywords: International Law, Adjudication, International Courts and Tribunals, (Judicial) Lawmaking

Suggested Citation

von Bogdandy, Armin and Venzke, Ingo, Beyond Dispute: International Judicial Institutions as Lawmakers (November, 15 2011). German Law Journal, Vol. 12, No. 5, pp. 979-1003, 2011. Available at SSRN: https://ssrn.com/abstract=1960143

Armin Von Bogdandy

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

Ingo Venzke (Contact Author)

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

REC A - Nieuwe Achtergracht 166
Amsterdam, 1018WV
Netherlands

HOME PAGE: http://www.uva.nl/profiel/v/e/i.venzke/i.venzke.html

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