Domestic Courts as Agents of Development of International Law

Leiden Journal of International Law, Vol. 26, pp. 531-540, 2013

Oxford Legal Studies Research Paper No. 46/2013

11 Pages Posted: 2 Apr 2013 Last revised: 7 Dec 2013

See all articles by Antonios Tzanakopoulos

Antonios Tzanakopoulos

University of Oxford - Faculty of Law

Christian J. Tams

University of Glasgow, School of Law

Date Written: April 1, 2013

Abstract

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

Suggested Citation

Tzanakopoulos, Antonios and Tams, Christian J., Domestic Courts as Agents of Development of International Law (April 1, 2013). Leiden Journal of International Law, Vol. 26, pp. 531-540, 2013; Oxford Legal Studies Research Paper No. 46/2013. Available at SSRN: https://ssrn.com/abstract=2243193

Antonios Tzanakopoulos (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/antonios-tzanakopoulos

Christian J. Tams

University of Glasgow, School of Law ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

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