Domestic Courts as Agents of Development of International Law
Leiden Journal of International Law, Vol. 26, pp. 531-540, 2013
11 Pages Posted: 2 Apr 2013 Last revised: 7 Dec 2013
Date Written: April 1, 2013
The introductory paper to a symposium issue of the Leiden Journal of International Law, edited by the authors, dealing with the function of domestic courts as agents for the development of international law. The paper "sets the scene" for the contributions to the symposium, which seek to trace the impact of domestic courts in the development of canonical areas of international law, such as jurisdiction, immunity, state responsibility, the law of international organizations/human rights, and the law of armed conflict/conduct of hostilities. It discusses the formal quality and actual influence of domestic court decisions on the development of international law, and introduces the concept of "agents" of international law development. This is the analytical perspective that the contributions to the symposium adopt.
Keywords: sources of international law, development of the law, domestic courts, national courts, international lawmaking
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