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

Oxford Legal Studies Research Paper No. 75/2013

31 Pages Posted: 19 Jul 2013 Last revised: 2 Mar 2016

Date Written: June 10, 2013

Abstract

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

Tzanakopoulos, Antonios, Domestic Judicial Lawmaking (June 10, 2013). RESEARCH HANDBOOK ON THE THEORY AND PRACTICE OF INTERNATIONAL LAWMAKING, pp. 222-241, Catherine Brölmann and Yannick Radi, eds, Edward Elgar, 2016 ; Oxford Legal Studies Research Paper No. 75/2013. Available at SSRN: https://ssrn.com/abstract=2295410

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

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