International Courts and the Doctrinal Channels of Legal Diplomacy

iCourts Working Paper Series, No. 25

24 Pages Posted: 19 May 2015 Last revised: 16 Feb 2016

See all articles by Henrik Palmer Olsen

Henrik Palmer Olsen

University of Copenhagen - iCourts - Centre of Excellence for International Courts

Date Written: May 19, 2015

Abstract

In this article I identify and analyse the legal instruments that allow international courts to contribute to the development of international law. I explain how these contributions are linked to a process that I call autonomisation, and by which I understand that international courts form and sustain an autonomous interpretation of what the law is within their jurisdiction. The aim of this analysis is to be able to identify the legal format that international courts use to respond doctrinally to the overall socio-political context of the legal disputes that it aims at settling through its decisions. It is, I claim, in this cross-field between law and politics that courts unfold a specific form of diplomacy: legal diplomacy.

Keywords: International Law; International Courts; Law and Politics; Autonomy of Law; Jurisprudence

Suggested Citation

Olsen, Henrik Palmer, International Courts and the Doctrinal Channels of Legal Diplomacy (May 19, 2015). iCourts Working Paper Series, No. 25. Available at SSRN: https://ssrn.com/abstract=2607925 or http://dx.doi.org/10.2139/ssrn.2607925

Henrik Palmer Olsen (Contact Author)

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

Studiestraede 6
Copenhagen, DK-1455
Denmark

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