Domestic Judicial Lawmaking
RESEARCH HANDBOOK ON THE THEORY AND PRACTICE OF INTERNATIONAL LAWMAKING, pp. 222-241, Catherine Brölmann and Yannick Radi, eds, Edward Elgar, 2016
31 Pages Posted: 19 Jul 2013 Last revised: 2 Mar 2016
Date Written: June 10, 2013
This contribution to the Research Handbook on the Theory and Practice of International Law-Making discusses the law-making potential of domestic courts. Given the seemingly strict 'dualist' approach of international law to domestic law and domestic court decisions ('merely facts'), the paper demonstrates the modest international law-developing function of domestic courts: it first details their methods in engaging international law, and then discusses the impact of such engagement. It concludes that domestic courts may, in terms of content, fine-tune rules of international law rather than set grand principles. In terms of process, this is done by 'suggesting' the fine-tuning, rather than in any way single-handedly developing international law.
Keywords: domestic courts in international law, domestic law and international law, development of international law, international law-making
Suggested Citation: Suggested Citation