Conversations Among Courts: Domestic and International Adjudicators

Abstract

This paper explores the interactions between national and international courts by adopting a functional analysis. One cannot really speak about ‘the’ relationship between national and international courts. Rather, there is a multitude of legal relationships that, both in their empirical and normative dimensions, are best studied by distinguishing between the different functions that national and international courts fulfill vis-à-vis each other. The paper discusses the diverse functions that national courts can fulfill in relation to international courts and vice versa, and explore what principles should apply to the exercise of these functions.

Keywords: International courts, National courts, International adjudication, Subsidiarity, international tribunals, judicial independence, separation of powers

JEL Classification: K33